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CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
South Miami
bed
ifiir
2001
The Honorable Mayor & Members of the City Commission
Hector Mirabile, PhD, City Manager (1f
July 17, 2012 Agenda Item NO.:J..S
An Ordinance amending the City of South Miami Code of
Ordinances, Chapter 2 titled "Administration and City
Government," Article VI titled "Purchasing," providing rules
and procedures for the purchase of goods and services for the
City; and deleting existing Division I and 2 titled Procurement
of Professional Services.
The City's Purchasing Ordinance required review and appropriate amendments
since it was not evaluated for best practices in the past. Additionally, the
Ordinance did not keep pace with administrative policy regarding the
procurement of goods and services or, clearly defined the delegation of authority,
competitive process requirements, procedures for informal and informal bids,
and general purchase order procedures.
The City Attorney and the City's Purchasing Manager conducted an extensive
review of the ordinance to ensure all aspects of procurement are addressed.
The Ordinance provides the City with a un'ifjed system of procurement for
goods, services, and construction and delineates a centralized responsibility that
allows for the delegation of purchasing authority.
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Attachments: Purchasing Ordinance
1 ORDINANCE NO. _____ _
2
3 An Ordinance amending the City of South Miami Code of Ordinances,
4 Chapter 2 titled "Administration and City Government, Article VI
5 titled Purchasing," providing rules and procedures for the purchase of
6 goods and services for the City; and deleting existing Division I and 2
7 titled Procurement of Professional Services
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10 WHEREAS, it is desirable to create a procurement code in order ,to facilitate and
11 better meet the City's needs; and
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13 WHEREAS, the Administration has analyzed the City's current code and recommends
14 the amendments contained herein; and
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16 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
17 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
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19 Section I. Chapter 2, Article VI, Divisions I and 2 of the Code of Ordinances, City
20 of South. Miami, Florida are hereby deleted, in total, and Divisions I through I I of Chapter 2,
21 Article VI are hereby created and shall read as follows:
22
23 ARTICLE VI. PURCHASING
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DIVISION I. GENERAL PROVISION
27 Sec. 2-60.1 -Interpretation.
28 This code shall be construed and applied to promote its underlying purpose and policies as stated
29 herein.
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31 Sec. 2-60.2 -Purpose and policies.
32 The underlying purpose and policies of this Code are:
33 (a)
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37 (b)
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39 (c)
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To provide the City of South Miami (hereinafter "City") a unified system of procurement
to obtain the highest quality goods, services, and construction through contracts at the
best possible prices as determined by the City to be in the best interest of the City and
its residents.
To provide the City with a unified procurement system with centralized responsibility
that allows for the delegation of purchasing authority;
To provide increased economies of scale in City procurement activities and maximize,
to the fullest extent practicable, the purchasing value of public funds of the City;
City of South Miami Purchasing Ordinance -2012 Page lof 36
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To obtain in a cost-effective and responsive manner the goods, services, and
construction required by City departments to better serve this City's businesses and
residents;
To provide safeguards for the maintenance of a procurement system of quality and
integrity;
To provide for increased public confidence in the procedures followed in public
procurement;
To ensure the fair and equitable treatment of all persons dealing with the procurement
system of this City;
10 (h) To simplify, clarify, and modernize the municipal law governing procurement by this
11 City;
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(i)
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To foster effective broad-based competition within the free enterprise system; and
To permit the continued development of procurement policies and practices.
15 Sec. 2-60.3 -Definitions.
16 (a) The following definitions, found beside the word or group of words set forth
17 below, shall be used to interpret this Purchasing Ordinance unless another section of this
18 ordinance provides a special definition for interpreting its section of the ordinance. These
19 definitions shall always apply to a specific section of this ordinance when these words are found
20 in that section and when that section specifically refers to Section 2-60.3 for the purpose of
.1 defining a word or group of words. Additionally, when a specific section of this ordinance
22 defines the word or group of words for the purpose of interpreting that section of this
23 ordinance, such definition shall take precedence over the definitions set forth below.
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25 ~'Board" shall mean any group of persons elected or appOinted to perform some service or
26 function for the City which includes any City Committee and the City
27 Commission, unless otherwise specifically defined.
28 "Committee" shall have the same meaning as "Board."
29 "Procurement" means the buying, purchasing, renting, leasing, or otherwise acquiring any
30 goods, services, or construction.
31 "Related Party" means any individual or entity, or their employees, or any officers or
32 directors of that Related Party entity, who have a contract with or who are
33 transacting any business with the City. In addition, a related party is anyone who has
34 a financial or controlling interest, that is greater than 5%, in any entity that has a
35 contract with or who is transacting any business with the City. A related party is
36 also anyone who is a relative ( defined in the City's Code, Section 8A-I, conflicts of
37 interest and code of ethics, and currently meaning a spouse, parent, child, brother,
38 or sister) of any individual or entity who has a contract with or who is transacting
39 any business with the City or who is a relative, as defined in this section, of any
40 employee of an individual, or an employee, officer, or director of any entity, who is
r 1 contracting or transacting business with the City. An appointed or elected member
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of any commission, board, or committee shall be considered to be an employee of
the City; as well as a person who is contracting or transacting business with the City
for the purpose of this definition of "Related Parties."
"Piggybacking" means that the City has or intends to enter into a contract with a vendor
or contractor ("Vendor") using the same terms, conditions and provisions of an
existing open contract of another governmental agency with the Vendor, including
the pricing structure and/or discounts, that was obtained by that other agency
through a competitive process that is the same or more rigorous than that which is
required by the City's Charter.
"Contract Manager" means department director or designee shall be the contract
manager for each contract for goods, services or construction.
"City" means the City Manager, or the manager's designated City of South Miami
Employee, unless the context in which the word is used in this purchasing ordinance
indicates otherwise.
17 Sec. 2-60.4 -Principles of law applicable.
18 All contracts awarded or procurements made by the City or its Agencies, shall be governed by
19 and construed under the laws of the State of Florida and the local laws of the City.
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21 Sec. 2-60.5 -Requirement of good faith.
2 This code requires all parties involved in the negotiation, performance, or administration of city
23 contracts to act in good faith.
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25 Sec. 2-60.6 -Application of this code.
26 (a) General application. The provisions of this code apply only to purchases, procurements
27 and contracts solicited or entered into after the effective date of this code unless the parties
28 agree to its application to a contract solicited or entered prior to the effective date.
29 (b) Application to procurement. This code shall apply to every purchase, procurement,
30 contract, and the disposal of surplus property of the City or its Agencies, regardless of the
31 source of funds. Nothing in this code or in the administrative regulations promulgated
32 hereunder shall apply if such application would prevent the city from complying with terms and
33 conditions of any grant, gift, bequest, or cooperative agreement.
34 (c) Federal, state, or county assistance or contract funds. When the purchase,
35 procurement, or contract involves the expenditure of funds of the United States, state, or
36 county government the provisions of this ordinance shall not apply if in conflict with the
37 applicable federal, state or county laws and regulations.
38 (d) Authority of City Commission. If a bid or proposal other than the lowest and most
39 responsive bid or proposal is considered the most advantageous or in the best interest of the
40 City it shall be presented to the commission for consideration of award. The commission shall
1-1 award contracts as it deems necessary in the best interests of the city and may also waive any
42 conditions imposed by the provisions of this ordinance if approved by four (4) votes.
City of South Miami Purchasing Ordinance -2012 Page 30f 36
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DIVISION 2. PROCUREMENT ORGANIZATION
Subdivision A. Procurement Division
5 Sec. 2-61.1 -Creation of the Procurement Division.
6 The Procurement Division shall be a division of the Finance Department.
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8 Sec. 2-61.2 -Centralization of procurement authority.
9 Except as otherwise provided in this code, all rights, powers, duties, and authority relating to the
10 procurement of goods and services, including construction contracts, and the management,
11 control, sale and disposal of real and personal property, shall now be vested in or exercised the
12 Procurement Division of the Finance Department.
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Subdivision B. City Manager and Purchasing Manager
16 Sec. 2-61.3 -Authority.
17 (a) City Manager. As the chief executive officer and head of the administrative branch of
18 the City, the City Manager shall have the authority to:
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(I)
(2)
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Promulgate administrative regulations necessary to implement this code;
Perform all duties of the Purchasing Manager;
Appoint Purchasing Managers;
Purchasing Manager. Consistent with the provisions of this code and the implementing
of administrative regulations, the Purchasing Manager, under the supervision of the City
Manager or the Appointed Purchasing Manager, shall have the following rights, powers,
duties, and authority relating to the procurement of goods and services, including
construction for the City, except that under construction contracts, the Purchasing
Manager shall consult with the Public Works Department:
(I)
(2)
(3)
(4)
Procure or supervise the procurement of all goods, services, and construction
needed by the City;
Establish and maintain programs for specification development, contract
administration, and inspection, testing, and acceptance in cooperation with the
departments using the goods, services, and construction;
Determine the lowest responsive and responsible bidder or offeror, as the case
may be;
Issue those purchase orders, change orders, contract modifications, and other
documents for the purchase of goods, services and construction awarded in
accordance with the provisions of this code and administrative regulations;
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(5) Determine the appropriate method of source selection;
(6) Standardize, to the extent possible, contract clauses, terms and conditions, and
documents;
(7) Subject to the provisions of this code and administrative regulations, and with
the approval of the City Manager, adopt operational procedures, which may be
amended from time to time; and publish the administrative regulations and
operational procedures;
(8) Perform all duties of purchasing manager, maintain complete and accurate
records of all requisitions, solicitations, purchase orders, contracts, change
orders, leases, disposition of goods, determinations, and other actions, including
any transactions by designees or other departments;
(9) Perform such other duties as may be provided for in other sections of this code,
or as directed by the City Manager;
( I 0) Exercise general supervision and control over all inventories of goods belonging
to the City;
(I I) Transfer, sell, trade, or otherwise dispose of surplus goods belonging to the City;
(12) Ensure compliance with this code and the implementation of administrative
regulations by reviewing and monitoring procurements conducted by any
designee or department delegated authority;
( 13) Maintain a list of possible sources of goods, services, and construction required
by the City;
(14) Train and supervise City staff on the procurement of goods, services, and
construction in accordance with this code and administrative regulations;
( 15) Cooperate with the external auditor in the preparation of statistical data
concerning the procurement, usage, and disposition of all goods, services, and
construction;
(16) Require user departments to furnish reports concerning usage, needs, and stocks
on hand;
(17) Prescribe forms to be used by City departments in requisitioning, ordering, and
reporting of goods, services, and construction; and
( 18) Shall approve and signoff on all purchase orders.
33 Sec. 2-61.4 -Delegation of authority by the City Manager.
34 Subject to the administrative regulations, the City Manager may delegate authority to designees
35 or to any department subject to the requirements of this code and the administrative regulations
36 promulgated hereunder.
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City of South Miami Purchasing Ordinance -2012 Page Sof 36
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Subdivision C Organization of Public Procurement
3 Sec. 2-61.5 -Authority to contract for legal services.
4 The City Attorney shall perform all legal services required to accomplish the purposes of the
5 office, and shall have the authority to retain outside legal services when such services are
6 necessary due to the special nature of the matter in question, a conflict of interest under state
7 law or the rules of professional responsibility, where factual circumstances arise where
8 representation of multiple parties mayor will create a conflict of interest, or when the City
9 Attorney deems it necessary in the best interests of the city. Legal services, which by their very
10 nature require a unique, specialized skill or knowledge, shall be exempt from the competitive
11 processes that are provided for in this code. All attorneys retained or employed by the city,
12 regardless of the nature or kind of service performed or the title or designation under which
13 they render legal service for the city, are hereby placed under the direct supervision and control
14 of the City Attorney.
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16 Sec. 2-61.6 -Exemptions.
17 The following goods and services are exempted from this code:
18 (a)
19 (b)
'20 (c)
21 (d)
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26 (g)
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28 (h)
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32 (j)
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34 (k)
35 (I)
36 (m)
37 (n)
J8 (0)
Dues and memberships in trade or professional organizations;
Registration fees for trade and career fairs;
Subscriptions for periodicals and newspapers;
Advertisements;
Postage;
Legal Expenses normally incurred by the City Attorney, including but not limited to filing
fees, airline fares, expert witnesses fees, translating services, court reporter services,
legal services, mediator services, and paralegal services;
Real property, real estate brokerage and appraising, opinions of title or abstracts of title
for real property;
Title insurance for real property, and other related costs of acquisition or sale of real
property;
Public utility services from natural or regulated monopolies, including but not limited to
telephone, electric, water and sewer;
Copyrighted materials or patented materials including but not limited to technical
pamphlets, published books, maps, testing or instructional materials;
Fees and costs of job-related seminars and training;
Lectures or seminars by individuals;
Meeting rooms;
Works of art for public places, and art design and conservation services;
Graphic design, web design;
City of South Miami Purchasing Ordinance -2012 Page 60f 36
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(p)
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Hotel accommodations and travel services on City business as provided in
administrative regulations;
Purchase of public transportation services;
City sponsored events as authorized in the yearly City's budget;
Entertainment services (including banquets and similar food services) and, artistic
services for City sponsored events;
Purchases of motor vehicle license plates from a governmentally regulated monopoly or
a government agency;
Accreditation programs for City operations;
Consultants for professional services with special skills, abilities, expertise or of a
technical nature as determined by the Purchasing Manager or designee;
Goods and services provided by other governmental entities;
University provided consulting, educational services, or cooperative activities;
The repairs associated with large equipment or vehicles.
Subdivision D Regulations
17 Sec. 2-61.7 -Promulgation of regulations.
18 Consistent with this code, the City Manager shall adopt administrative regulations governing the
. 9 procurement, management, control and disposal of any and all goods, services and construction
20 procured by the City.
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22 Sec. 2-61.8 -Purchasing thresholds and requirements.
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(a) Purchases of $5,000 or less.
Purchases of, or contracts for, goods, services or construction for which funds are
allocated in the budget, where the total amount to be expended for a single purchase is
$5,000 or less, may be made or entered into by the City Manager, without submittal to
the City Commission, and shall be addressed as outlined immediately below:
( I ) Purchases of less than $1,000 shall not require:
(a) Purchase orders; or,
(b) Multiple quotes.
(2) Purchases of $1,000 or greater, up to and including $5,000, shall require:
(a) Three (3) written quotes, when available; unless, utilizing (piggybacking)
another public agency's existing governmental contract procured as part
of a competitive process that is at least as restrictive as that of the City ;
and,
(b) An approved purchase order; and,
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(b)
(c)
(c) The dollar value is equal to or less than the applicable budgeted line item
used for the procurement.
(d) Single procurements or contracts in excess of $5,000 shall not be broken
down to amounts lesser than $5,000 to avoid the requirements of this
section
Procurement for greater than $5,000, but less than $25,000.
Purchases of greater than $5,000, but less than $25,000, shall require:
( I ) Three (3) written quotes, when available; unless, utilizing (piggybacking) another
public agency's existing governmental contract procured as part of a competitive
process that is at least as restrictive as that of the City; and,
(2) An approved purchase order prior to the expenditure or commitment of funds;
and,
(3) City Manager approval and authorized by resolution of the City Commission ..
(4) Single purchases or contracts for $25,000 or greater shall not be broken ,down
to amounts lesser than $25,000 to avoid the requirements of this section.
Purchases for $25,000 or greater.
Purchases for $25,000 or greater shall require:
(I) A competitive process; unless, utilizing (piggybacking) another public agency's
existing governmental contract procured as part of a comparable process that is
at least as restrictive as that of the City; and,
(2) An approved purchase order prior to an expenditure or commitment of funds;
and,
(3)
(4)
City Manager approval and authorized by resolution of the City Commission.
Single purchases or contracts for $25,000 or greater shall not be broken down
to amounts lesser than $25,000 to avoid the requirements herein.
27 Sec. 2-61.9 -Competitive process requirements and procedures for purchases of
28 $25,000 or greater.
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The requesting City department shall provide the specifications or scope of work
necessary for a competitive process, the issuance of the contract, and/or the purchase
order.
The City shall solicit at least three (3) responses, when available, for the goods and/or
services.
The City shall provide public notice when making the s·olicitation.
The City shall award a contract to the most responsive and responsible bidder
(including all persons who respond to a solicitation) who were recommended by the
City Manager and approved by the City Commission.
City of South Miami Purchasing Ordinance -2012 Page Bof 36
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The City shall have the right to reject any and all solicitation responses, to waive any
and all minor irregularities in said responses, and to award said contract to any bidder
whose response is deemed to be ill the City's best interest.
5 Sec. 2-61.10 -Purchase order procedures and requirements.
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Prior to any expenditure or commitment of funds by the City, the requesting City
department shall complete and submit a purchase order request excluding those
purchases that are under $1,000.
The requesting City department shall forward the purchase order request form and any
and all supporting documentation for processing to the Finance Department, and to the
Procurement Division for retention if the purchase exceeds $1,000.
No City department shall place any order with a vendor for goods or services prior to
receipt of an approved purchase order unless those purchases are under $1,000.
City of South Miami Purchasing Ordinance -2012 Page 90f 36
1 DIVISION 3. SOURCE SELECTION AND CONTRACT FORMATION
2
3 Subdivision I. In General
4
5 Sec. 2-62.1 -Cancellation of competitive sealed bids or proposals.
6 An invitation for bids, a request for proposals, or other solicitation may be canceled, or any or all
7 bids or proposals may be rejected in whole or in part as may be specified in the solicitation, when
8 it is in the best interest of the City. The reasons shall be made part of the contract file.
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Subdivision II. Methods of Source Selection
12 Sec. 2-62.2 -Method of source selection.
13 Unless otherwise authorized by law or ordinance, City contracts shall be awarded by one of the
14 following methods:
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21 (g)
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23 (i)
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Competitive sealed bidding--formal bids;
Competitive negotiations/sealed proposals;
Small purchases--informal bids;
Sole source procurement;
Emergency procurement;
Special procurements;
Revenue generating and concession contracts.
Sole brand procurement
Standardization
Use of other governmental unit contracts "piggyback."
Cooperative purchasing.
27 Sec. 2-62.3 -Competitive sealed bidding (formal bids).
28 (a)
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Conditions for use. Competitive sealed bidding shall be used for the award of all
contracts for goods, services, and construction if the award is over $25,000, except as
otherwise provided for herein. The Miami-Dade County ordinance governing the "cone
of silence" shall apply to all competitive bids.
Invitation for bids. An invitation for bids shall be issued and shall include specifications,
contractual terms and conditions, the time and date for receipt of bids and public
opening, and the criteria to be used in determining acceptability of the bid.
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(c)
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Public notice. Adequate public notice of the invitation for bids shall be given prior to
the date set forth therein for the opening of bids, in accordance with the administrative
regulations as provided for herein.
Pre-bid conferences. Pre-bid conferences may be held at the sole discretion of the City
to explain the requirements of the solicitation and mayor may not be mandatory.
Bid opening. Bids shall be opened publicly in the presence of one or more witnesses at
the time and place stated in the public notice and invitation for bids. The amount of each
bid and such other relevant information as may be deemed desirable, together with the
name of each bidder, shall be recorded; the record and each bid shall be open to public
inspection within the time frame specified in the appropriate Florida Statutes, including
the Public Records Act, F.S. Chapter 119.
Bid acceptance and evaluation. Bids shall be unconditionally accepted without alteration
or correction, except as authorized in this code. Bids shall be evaluated based on the
requirements set forth in the invitation for bids, which may include criteria to determine
acceptability such as inspection, quality, workmanship, delivery, and suitability for a
particular purpose. Those criteria that will affect bid price and be considered in
evaluation for award shall be objectively measurable, such as discounts, transportation
costs, and total or life cycle costs. The invitation for bids shall set forth the evaluation
criteria to be used, including past performance. No criteria may be used in bid
evaluations that are not set forth in the invitation for bids.
Correction or withdrawal of bids; cancellation of awards. Correction or withdrawal of
inadvertently erroneous bids before or after award, or cancellation of awards or
contracts based on such bid mistakes, may be permitted where appropriate. After bid
opening, no changes in bid prices or other provisions of bids prejudicial to the interest
of the City. or fair competition shall be permitted. Except as otherwise provided by
administrative regulation, all decisions to permit the correction or withdrawal of bids,
or to cancel awards or contracts based on bid mistakes, shall be supported by a written
determination made by the purchasing manager after consultation with the City
Attorney. The bidder who withdraws their bid will forfeit their bond.
Bid evaluation. The Purchasing Manager shall submit to the City Manager a list of the
bidders ranked from highest to lowest based on the evaluation with the highest bidder
being the one who is the most responsive and responsible bidder whose bid meets the
requirements set forth in the invitation for bids and who has presented the best offer in
terms of price.
Award. Consistent with the provisions herein concerning contract award, the contract
shall be awarded with reasonable promptness by written notice to the most responsive
and responsible bidder whose bid meets the requirements set forth in the invitation for
bids and who has presented the best offer in terms of price. Awards shall include
authority for subsequent options for renewal, if any. Options for renewal shall be
exercisable at the option of the City Manager if, after review of past performance under
the contract, the City Manager determines that exercise of the option renewal is in the
best interest of the city. The proposal for renewal shall include the price for each year
for which the contract may be renewed and the evaluation of the proposals shall include
consideration of the total cost for each year as submitted by the vendor. Any and all
multi-year contracts, or contracts providing the option for the same, shall comply with
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the city's Charter and shall be brought before commission via a resolution with a public
hearing.
(I) The City may conduct negotiations limited to the lowest responsive and
responsible bidder regarding contractual terms and conditions. Said negotiations
are permissible only to the extent that they do not materially alter the
contemplated contract (scope of work) and are not contrary to the interest of
the City or fair treatment of other bidders.
(2)
(3)
In the event only one bid is received, the City may award to the sole responsive
and responsible bidder, conduct negotiations with the sole responsive and
responsible bidder, or re-bid, whichever is in the best interest of the city.
Authority to award to second ranked bidder. If within ninety (90) days after bids
are opened, or any period of time that bids are to remain firm as prescribed in
the invitation for bids, the initial award is rescinded or the contract terminated
as provided for herein concerning approval of change orders and contract
modifications, the City may elect to award the contract to the next highest
ranked bidder. If the acceptance period prescribed has expired, the City may
award to the next highest ranked bidder provided:
(a)
(b)
A determination is made that it is in the best interest of the City to
award based upon the bids submitted rather than re-bid; and
The next highest ranked bidder agrees, in writing, to the extension of the
bid for the additional period of time.
23 Sec. 2-62.4 -Competitive negotiations.
24 (a) Conditions for use. A contract may be entered into by competitive negotiations under
25 the following circumstances:
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32 (b)
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(I) The procurement is for professional services, excluding legal services,
architectural, engineering landscape, or surveying and mapping services; or
(2) The procurement is for construction manager-at-risk, design-bid, and job order
contract project delivery methods specified in this article; or
,
(3) The procurement is for high technology, electronic, software, and system
applications that are available from a limited number of sources; or
Procedure: The City shall follow the requirements and procedures set forth in Florida
Statue 287.55 where applicable.
35 Sec. 2-62.5 -Request for Proposals.
36 (a) Request for proposals. Proposals shall be solicited through a request for proposals,
37 which shall include a statement of work or specifications, and all contractual terms and
38 conditions applicable to the procurement.
City of South Miami Purchasing Ordinance -2012 Page 120f 36
1 (b) Public notice. Adequate public notice of the request for proposals shall be given a
2 reasonable time prior to the date ~ set forth therein for the receipt of proposals, in
3 accordance with administrative regulations.
4 (c) Pre-proposal conferences. A pre-proposal conference may be held to explain the
5 requirements of the solicitation and mayor may not be mandatory.
6 (d) Receipt of proposals. Proposals shall be publicly opened in front of one or more
7 witnesses, with the name of each offeror read and recorded. The record and each
8 proposal shall be open to public inspection within the time frame specified in F.S.
9 Chapter I 19, Public Records Act.
10 (e) Evaluation. The City may appoint an evaluation committee, or designate an evaluator, all
11 of whom may be referred to herein b~low as the "Evaluation Committee." The request
12 for proposals shall state all of the evaluation factors, including the relative importance of
13 price and past performance. The recommendation of the Evaluation Committee shall be
14 submitted to the Purchasing Manager. In the event only one proposal is received, the
15 Evaluation Committee may proceed with the evaluation, or request the purchasing
16 manager to reject the proposal, whichever is in the best interest of the City. The
17 bidders shall be ranked from highest to lowest based on the evaluation with the highest
18 bidder being the one who is most responsive and responsible bidder whose bid meets
19 the requirements set forth in the invitation for bids and who has presented the best·
20 offer in terms of price.
21 (f) Discussion with responsible offerors and revisions to proposals. As provided in the
22 request for proposals, and under administrative regulations, discussions may be
:3 conducted with responsible offerors who submit proposals, reasonably determined to
24 possess the potential for selection of award by the purchasing manager or designee, for
25 the purpose of clarification to assure full understanding of, and responsiveness to, the
26 solicitation requirements. Offerors shall be accorded fair and equal treatment with
27 respect to any opportunity for discussion and revision of proposals, and such revisions
28 may be permitted after submissions and prior to award for the purpose of obtaining
29 best and final offers.
30 . (g) Award. Consistent with the provisions herein, an award shall be made to the
31 responsible offeror whose proposal conforms to the solicitation and is determined in
32 writing to be the most advantageous to the City taking into consideration price and the
33 evaluation factors set forth in the request for proposals. The contract file shall contain
34 the basis on which the award is made.
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36
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(I) After reviewing the evaluation committee's recommendation, the City Manager
may:
(a)
(b)
(c)
(d)
Approve the recom~endation of the evaluation committee, written
notice of which shall be provided to all offerors. The City Manager shall
then submit the recommendation to the City Commission;
Reject the evaluation committee's recommendation and instruct the
evaluation committee to re-evaluate and make further recommendations;
Reject all proposals; or
Recommend to the City Commission that all proposals be rejected.
City of South Miami Purchasing Ordinance -2012 Page 130f 36
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(2)
(3)
After reviewing the City's recommendation, the City Commission may:
(a)
(b)
(c)
Approve the City's recommendation and authorize contract negotiations;
Reject all proposals;
Reject all proposals and instruct the City to reissue a solicitation; or
Renewals may be exercised in accordance with the competitive sealed proposals
requirements herein.
9 Sec. 2-62.6 -Small purchases (informal bids).
10 Any procurement not exceeding the thresholds for competitive sealed bidding herein, or a lower
11 amount established by administrative regulations, may be made in accordance with small purchase
12 procedures; provided, however, that procurement requirements shall not be artificially divided so
13 as to constitute a small purchase under this section. Procurement/purchase cards may be used by
14 certain authorized employees for purchases of $1,000 or less in accordance with City procedures
15 and administrative regulations.
16
17 Sec. 2-62.7 -Sole source procurement.
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(a)·
24 (b)
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Conditions for use. A contract may be awarded without competitive bids or proposals
when the purchasing manager, after conducting a good faith review of available sources,
determines in writing, pursuant to a written request from a department director, that
the contract by its very nature is not suitable to competitive bidding or proposals, as
there is only one source for the required supply, service, or construction item capable
of fulfilling the needs of the City.
Negotiations. The purchasing manager shall conduct negotiations, as appropriate, as to
price, delivery, and terms.
Approval and award. Any sole source contract in excess of the formal bid threshold
established herein shall be approved by the City Commission, upon recommendation of
the City Manager, after a properly advertised public hearing pursuant to administrative
regulations.
31 Sec. 2-62.8 -Emergency procurements.
32 Notwithstanding any other provision of this code, the City, or other city official as designated by
33 the City may make or authorize others to make emergency procurements of goods, services, or
34 construction when there exists an immediate threat to public health, welfare, or safety, or to
35 prevent or minimize serious disruption of government services; provided that such emergency
36 procurements shall be made with such competition as is practicable under the circumstances. A
37 written determination of the basis for the emergency and for the selection of the particular
38 contractor shall be included in the contract file. Any emergency procurement for goods, services,
19 or construction shall be referred to the City Commission at their next regularly scheduled
City of South Miami Purchasing Ordinance -2012 Page 140f 36
1 meeting for ratification, whenever possible, but must be ratified the City Commission when all
2 the necessary information and documentation are received by the City.
3
4 Sec. 2-62.9 -Special proc~rements/bid waivers.
5 Notwithstanding any other provision of this code, the purchasing manager may, upon review by
6 the City Attorney and approval by the City, and with prior public notice, initiate a procurement
7 where the purchasing manager or City determines that an unusual or unique situation exists that
8 makes the application of all requirements of competitive sealed bidding or competitive sealed
9 proposals contrary to the public interest. Any special procurement under this section shall be
10 made with such competition as is practicable under the circumstances. The purchasing manager
11 may also conduct negotiations, as appropriate, as to price, delivery and terms. A written
12 determination of the basis for the procurement and for the selection of the particular contractor
13 shall be included by the purchasing manager in the contract file and shall be made only when
14 authorized by the City Commission upon the written recommendations of the City Manager after
15 a properly advertised public hearing pursuant to the administrative regulations.
16 Sec. 2-62. I 0 -Revenue generating and concession contracts.
17 Revenue generating contracts, including concessions and the assignment, license, sale or transfer
18 of interests in or rights to discoveries, inventions, patents, or copyrightable works, whether
19 tangible or intangible, shall be awarded in accordance with the proviSions of this purchasing
20 ordinance, except that price shall be evaluated on the basis of the highest bid or offer. Nothing
21 herein shall preclude the use of competitive sealed proposals as a method of source selection
~2 where price is not the only evaluation criteria.
23
24 Sec. 2-62.1 I -Sole Brand Procurement.
25 A contract within the award authority of the purchasing manager may be awarded for goods or
26 services or, limiting competition to a sole brand if the necessity provided this brand is certified in
27 writing by the Purchasing Manager and the user department as being the sole source of the goods
28 or services that meet the needs of the City and that competitive bids can be obtained through
29 different suppliers of the same brand.
30
31 Sec. 2-62.12 -Standardization.
32 The Purchasing Manager may recommend to the City Commission, for purchases equal to or
33 over the mandatory bid amount, that any brand or source of goods or services be standardized
34 as the only brand or source of service or commodity that will be purchased for a particular
35 agency or city-wide if the user department can justify standardization and competitive bids can be
36 obtained through different suppliers of the same brand.
37 Sec. 2-62.13 -Bid documents.
38 A bid document includes all documents involved in any solicitation including requests for bids,
39 proposals, qualifications and letters of interest and all documents accompanying a response to a
40 solicitation including a bid, a response to a request for proposal, a response to a request for
f 1 qualifications and letters of interest. Bid documents shall become property of the city. All
42 responses to a solicitation and accompanying documentation received in response to the
City of South Miami Purchasing Ordinance -2012 Page 150f 36
1 solicitation shall become the property of the city and will not be returned to the person who
2 submitted the response. In the event of contract award, all documentation and work product
3 produced as part of the contract shall become the exclusive property of the city.
4 Subdivision III. Qualifications and Duties of Contractual Parties
5
6
7 Sec. 2-62.13 -Pre-qualification.
8 Prospective suppliers may be pre-qualified for particular types of goods, services and
9 construction. The method of submitting pre-qualification information and the information
10 required in order to be pre-qualified shall be determined by the purchasing manager. Such pre-
II qualification, however, does not constitute a finding of responsibility for any particular contract
12 award nor does it guarantee an award of a contract.
13
14 Sec. 2-62.14 -Substantiation of offered prices.
15 The purchasing manager may request-factual information reasonably available to the bidder or
16 offeror to substantiate that the price or cost offered, or some portion of it, is reasonable. The
17 purchasing manager is not required to make a request for information to substantiate the
18 reasonableness of the price or cost offered when the contract price is:
19 (a)
20 (b)
J (c)
22
Based on adequate price competition;
Based on established catalogue or market price; or
Set by law or regulation.
23 Subdivision IV. Types of Contracts
24
25 Sec. 2-62.15 -Contract clauses and administration.
26 (a)
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Contract clauses. All city contracts for goods, services, and construction shall include
provisions necessary to define the responsibilities and rights of the parties to the
contract. The Purchasing Manager may promulgate operational procedures permitting
or requiring the inclusion of clauses covering the following subjects:
(I) The unilateral right of the city to order, in writing, changes in the work within
the scope of the contract;
(2)
(3)
(4)
(5)
(6)
The unilateral right of the city to order, in writing, a temporary cessation of the
work or delaying of the performance that does not alter the scope of the
contract;
Variations occurring between estimated quantities of work in a contract and
actual quantities;
Defective pricing;
Liquidated damages;
Specified excuses for delay or nonperformance;
City of South Miami Purchasing Ordinance -2012 Page 160f 36
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(7) Termination of the contract for default;
(8) Termination of the contract in whole or in part for the convenience of the city;
(9) Suspension of work on a construction project ordered by the city; and
( I 0) Site conditions differing from those indicated in the contract, or ordinarily
encountered, except that differing site conditions clause need not be included in
a contract:
(a) When the contract is negotiated;
(b) When the contractor provides the site or design; or
(c) When the parties otherwise agreed with respect to the risk of differing
site conditions.
Price adjustments.
(I) Adjustments in price pursuant to clauses promulgated under subsection (a) of
this section shall be computed in one or more of the following ways:
(a) By agreement on a fixed price adjustment before commencement of the
pertinent performance or as soon thereafter as practicable;
(b) By unit prices specified in the contract or subsequently agreed upon;
(c) By the costs attributable to the events or situations under such clauses
with adjustment of profit or fee, all as specified in the contract or
subsequently agreed upon;
(d) In such other manner as the contracting parties may mutually agree; or
(e) In the absence of agreement by the parties, by a unilateral determination
by the city of the costs attributable to the events or situations under such
clauses with adjustment of profit or fee.
(2) A contractor shall be required to submit cost or pricing data if any adjustment in
contract price is subject to the provisions herein.
Standard clauses. The Purchasing Manager, with the approval of the City Attorney, may
establish standard clauses for use in city contracts. Said. standard clauses may be varied
as necessary by the finance director when deemed appropriate for the specific
solicitation or contract, subject to the review and approval of the City Attorney.
31 Sec. 2-62.16 -Purchase requests.
32 Except as otherwise authorized in this code or the administrative regulations promulgated
33 hereunder, all purchases, shall be made by submission of a purchase request to the procurement
34 division. Prior to submission to the procurement division, all purchase requests shall be approved
35 by the department director making the request or by an individual authorized by the department
36 director.
37
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City of South Miami Purchasing Ordinance -2012 Page 170f 36
1 Sec. 2-62.17 -Commencement work.
2 Unless otherwise authorized by the City, no work shall commence, nor any goods delivered,
3 under any city contract until all conditions precedent as specified in the contract documents are
4 met, including, but not limited to:
5 (a)
6 (b)
7
8 (c)
9
10
11
The contract was duly executed by the city; and
The contractor furnished, where required, certificates of insurance and endorsements,
bid security, performance bonds, and payment bonds.
The contractor notified the department in charge of overseeing the work of the date
when the contractor shall commence the work. If the work involves construction, the
contractor shall notify the director of public works of the anticipated date of
mobilization.
12 Sec. 2-62.18 -Request for authority to enter into an agreement. The City personnel
13 who desire to obtain goods, services, or construction from a third party shall provide a copy of
14' the draft contract or proposal to the City and City Attorney identifying the term, costs, critical
15 dates and timelines, termination provisions, insurance and indemnification, warranties and testing
16 (if applicable), delays and remedies and notice provisions. The department director shall initial
17 the agreement indicating final review and approval of its terms. The final approved agreement
18 shall be submitted to the City Attorney, the City and City Clerk for final execution.
19
20 Sec. 2-62.19 -Contract administration.
"',1 The department director or designee shall be the contract manager for each contract for goods,
22 services or construction. The contract manager shall comply with the contract administration
23 system designed to ensure that a contractor is performing in accordance with the solicitation
24 under which the contract was awarded as well as the terms and conditions of the contract.
25
26 Subdivision V. Inspection of Facility and Audit of Records
27
28 Sec. 2-62.20 -Right to conduct inspections and audits.
29 (a)
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31
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33 (b)
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40 (c)
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Inspections. The City Manager, or the manager's designee may, at reasonable times,
inspect the part of the plant, place of business, or worksite of a contractor or any
subcontractor that is pertinent to the performance of any contract awarded or to be
awarded by the City.
Audit of cost or pricing data. The City Manager or the manager's designee may, at
reasonable times and places, audit the books and records of any person who submitted
data in substantiation of offered prices to the extent that such books and records relate
to that data. Any person who receives a contract, change order, or contract
modification for which such data is required, shall maintain such books and records that
relate to such cost or pricing data for a period of three years from the date of final
payment under the contract.
Contract audit. The City Manager or the manager's designee shall be entitled to audit
the books and records of a contractor or any subcontractor under any negotiated
City of South Miami Purchasing Ordinance -2012 Page 180f 36
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2
3
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contract or subcontract. Such books and records shall be maintained by the contractor
or subcontractor for a period of three years from the date of final payment.
Subdivision VI. Determinations and Reports
5 Sec. 2-62.21 -Reporting of anti-competitive practices.
6 When for any reason, collusion, or other anti-competitive practices are suspected, a notice of the
7 relevant facts and allegations shall be transmitted to the City Attorney for investigation and
8 appropriate action. The City Attorney may, at his or her discretion, hire outside experts to
9 investigate the allegations.
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City of South Miami Purchasing Ordinance -2012 Page 190f 36
1 DIVISION 4. SPECIFICATIONS
2
3 Sec. 2-63.1 -Duties of purchasing manager. The purchasing manager shall prepare, issue,
4 revise, maintain, and monitor the use of specifications for goods, services and construction
5 required by the city and shall perform all duties required of the purchasing manager by this code
6 or the City Manager.
7
8 Sec. 2-63.2 -Standardization.
9 The purchasing manager may establish standard specifications for supply, service, or construction
10 items used by several user departments or used repeatedly by one user department when the
11 characteristics of the item remain relatively stable while the frequency or volume of
12 procurements is significant.
13
14 Sec. 2-63.3 -Relationship with user department.
15 The department director or designee of the user department shall be the contract manager for
16 each agreement. The purchasing manager shall obtain advice and assistance from the department
17 director of the user departments in the development of specifications and may delegate in writing
18 to a user department the authority to prepare and utilize its own specifications.
19
20 Sec. 2-63.4 -Maximum practicable competition.
n All specifications shall seek to promote overall economy for the purposes intended and to
22 encourage competition in satisfying the city's needs, and shall not be unduly restrictive. The
23 purchasing manager shall review specifications written by the contract manager of the user
24 departments to assure that the specifications allow for open and free competition, and that those
25 specifications that eliminate some brands or vendors do so to reasonably meet the needs of the
26 city. The requirements of this section shall apply to all specifications prepared other than by city
27 personnel, including, but not limited to, those prepared by architects, engineers, and designers.
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City of South Miami Purchasing Ordinance -2012 Page 20of36
1 DIVISION S. SUPPLY MANAGEMENT
2
3 Sec. 2-64.1 -Inventory.
4 The purchasing manager shall exercise general supervision and control over all inventories of
5 property and/or supplies and equipment, including requiring inventory control procedures to be
6 used by user departments and specifying information on reports to be filed by user departments.
7
8 Sec. 2-64.2 -Disposal of surplus.
9 The purchasing manager shall be responsible for the sale or disposition of surplus supplies by a
10 method or methods deemed by the purchasing manager to be most advantageous and in the best
11 interest of the city. The purchasing manager shall have the authority to sell or dispose of surplus
12 items in any manner authorized by the appropriate Florida Statutes, including Chapter 274, titled
13 "Tangible Personal Property Owned by Local Governments." All surplus items must be declared
14 surplus by a resolution of the City Commission before the purchasing manager may dispose of
15 said surplus supplies and in accordance with the City Charter provisions concerning surplus
16 goods and/or supplies.
17 Sec. 2-64.3 -Credit or debit of accounts.
18 The finance department shall submit documentation and the revenue generated on any such
19 transfer, sale, exchange, or trade-in from the surplus property. The department that provided the
20 surplus property shall receive credit therefore, on the amount of revenue received, unless it is
21 determined by the finance director that it is in the best interest of the City to credit the general
'2 fund. Any department receiving such surplus property shall receive corresponding debit
23 therefore, such credit and debit to be charged to the respective budgets of the departments
24 involved. This provision shall be construed to harmonize it with the City Charter and the City
25 Charter shall take precedence over this provision.
26
City of South Miami Purchasing Ordinance -2012 Page 210f 36
1 DIVISION 6. DISPUTES, LEGAL AND CONTRACTUAL REMEDIES
2
. 3 Sec. 2-65.1 -Solicitations or awards in violation of law.
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(a)
(b)
Remedies prior to an award. If prior to contract award, the City determines, after
consultation with the City Attorney, that a solicitation or proposed award is in violation
of law, then the solicitation or proposed award shall be cancelled, or within the sole and
absolute discretion of the City, revised to comply with applicable law.
Remedies after an award. If after an award the City determines that a solicitation or
award of a contract is in violation of law, then:
( I ) If the person awarded the contract has not in any way acted fraudulently, or in
bad faith with regard to the contract or with regard to the person's response to
the solicitation:
(a) The contract may be amended to comply with the law, provided the City
determined that doing so is in the best interests of the city; or
(b) The contract may be terminated and the person awarded the contract
shall be compensated for the actual expenses reasonably incurred under
the contract, plus a reasonable profit, excluding attorney's fees, prior to
the termination. '
(2) If the person awarded the contract has, in any way, acted fraudulently, or in bad
faith with regard to the contract or with regard to the person's response to the
solicitation:
(a)
(b)
The contract may be declared null and void; or
The contract may be amended to comply with the law, if such action is in
the best interests of the city, and without prejudice to the city's rights to
such damages as may be appropriate.
27 Sec. 2-65.2 -Resolution of protested solicitations and awards (Formal).
28 (a) Right to protest.
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33
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Any actual or prospective bidder or offeror who perceives itself aggrieved in connection
with the formal solicitation of a contract ("Bid Protester") shall have the right to file a
protest.
Protest procedure. The following procedures shall be used for resolution of protested
solicitations.
(I) The Bid Protester who perceives a grievance before bid opening shall file a written
notice of intent to file a protest with the city clerk's office within three calendar days
prior to the date set for opening of bids or receipt of proposals. A notice of intent to
file a protest is considered filed when received by the City Clerk's office.
(2) Protest of award. A Bid Protester who perceives itself aggrieved in connection with
the recommended award of contract shall file a written notice of intent to file a protest
with the city clerk's· office within three calendar days after notice of the City's written
recommendation to the City Commission for award of contract or within three (3)
Citv of South Miami Purchasing Ordinance -2012 Page 220f 36
1 DIVISION 6. DISPUTES, LEGAL AND CONTRACTUAL REMEDIES
1
3 Sec. 2-65.1 -Solicitations or awards in violation of law.
4
5
6
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8
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12
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23
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(a)
(b)
Remedies prior to an award. If prior to contract award, the City determines, after
consultation with the City Attorney, that a solicitation or proposed award is in violation
of law, then the solicitation or proposed award shall be cancelled, or within the sole and
absolute discretion of the City, revised to comply with applicable law.
Remedies after an award. If after an award the City determines that a solicitation or
award of a contract is in violation of law, then:
(I) If the person awarded the contract has not in any way acted fraudulently or in
bad faith with regard to the contract, in the performance of the contract or with
regard to the person's response to the solicitation:
(a) The contract may be amended to comply with the law, provided the City
determined that doing so is in the best interests of the City of South
Miami; or
(b) The contract may be terminated and the person awarded the contract
shall be compensated for the actual expenses reasonably incurred under
the contract, plus a reasonable profit, excluding attorney's fees, prior to
the termination.
(2) If the person awarded the contract has, in any way, acted fraudulently or in bad
faith with regard to the contract, in the performance of the contract or with
regard to the person's response to the solicitation:
(a) The contract may be declared null and void; or
(b) The contract may be amended to comply with the law, if such action is in
the best interests of the City of South Miami, and without prejudice to
the city's rights to such damages as may be appropriate.
28 Sec. 2-65.2 -Resolution of protested solicitations and awards (Formal).
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32
33
34
35
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(a)
(b)
Right to protest.
Any actual or prospective bidder or offeror who perceives itself aggrieved in connection
with the formal solicitation of a contract ("Bid Protester") shall have the right to file a
protest.
Protest procedure. The following procedures shall be used for resolution of protested
solicitations.
(I) The Bid Protester who perceives a grievance before bid opening shall file a written
notice of intent to file a protest with the city clerk's office within three calendar days
prior to the date set for opening of bids or receipt of proposals. A notice of intent to
file a protest is considered filed when received by the City Clerk's office.
(2) Protest of award. A Bid Protester who perceives itself aggrieved in connection with
the recommended award of contract shall file a written notice of intent to file a protest
with the city clerk's office within three calendar days after notice of the City's written
City of South Miami Purchasing Ordinance -2012 Page 220f 36
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A
(c)
(e)
(f)
(g)
calendar days of the posting on the city's website of a resolution or ordinance to
approve the contract, whichever is earlier. A notice of intent to file a protest is
considered filed when received by the City Clerk's office.
(3) Contents of protest. A written protest based on any of the foregoing must be
submitted to the City Clerk's office within five calendar days after the date the notice of
protest was filed. A written protest is considered filed when received by the City
Clerk's office. The written protest shall state with particularity the specific facts and law
upon which the protest of the solicitation or the award is based, and shall include all
pertinent documents and evidence and shall be accompanied by the required filing fee as
provided in the City's then current Fee Schedule. This shall form the basis for review of
the written protest and no facts, grounds, documentation, or evidence not contained in
the protester's submission at the time of filing the protest shall be permitted or
considered in support of the written protest.
(4) Computation of time. No time will be added to the above time limits for service by
mail. The last day of the period so computed shall be included unless it is a Saturday,
Sunday, or legal holiday in which event the period shall run until the next day which is
not a Saturday, Sunday, or legal holiday.
Challenges. The written protest may not challenge the relative weight of the evaluation
criteria or any formula used for assigning points in making an award determination.
(d) Authority to resolve protests. The purchasing manager, after consultation with
the City Attorney, shall issue a written recommendation within ten calendar days after
receipt of the written protest. Said recommendation shall be sent to the City with a
copy to the protesting party. The City may then . either resolve the protest or reject all
proposals. The City shall submit a recommendation to the City Commission for .
approval or disapproval. If disapproved, the City shall have the right to reject
all bids. A timely protest of an award of a contract by the City Commission, if it
complies with the procedures set forth in this ordinance, may be filed with the circuit
court.
Stay of procurement during protests. Upon receipt of a timely and proper written
protest filed pursuant to the requirements of this section, the city shall not proceed
further with the solicitation or with the award of the contract until the protest is
resolved by the City or City Commission, as applicable and as provided in subsection (f)
above, unless the City, makes a written determination that the solicitation process or
the contract award must be continued without delay in order to avoid an immediate and
serious danger to the health, safety, or welfare of the public or to protect substantial
interests of the city.
Costs. The protestor shall pay all costs accruing from or associated with the protest.
Protest Bond. The written protest must be accompanied by a Protest Bond in the form
of a money order or cashier's check payable to the city in an amount equal to one
percent of the amount of the bid or proposed contract, or $2,500.00, whichever is
greater. The Protest Bond shall guarantee the payment of all costs which may be
adjudged against the protestor in any administrative or court proceeding. Upon the
conclusion of the protest, the costs accruing from or associated with the protest shall
be deducted from the bond and the balance, if any, shall be refunded to the protester.
City of South Miami Purchasing Ordinance -2012 Page 230f 36
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(k) Compliance with filing requirements. The protesting party shall not be entitled
to seek redress before the City Commission or seek judicial relief without first having
followed the procedure set forth in this section. Failure of a protester to timely file
either the notice of intent to file a protest or the written protest, or to submit the
bond, with the City Clerk's office within the time provided in this Section, shall
constitute a forfeiture of such party's right to file a protest pursuant to this Section.
8 Sec. 2-65.3 -Authority to debar or suspend.
9 (a)
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Authority to debar or suspend. After reasonable notice to an actual or prospective
contractor, and after reasonable opportunity for said person to be heard, the City, after
consultation with the purchasing manager and the City Attorney, shall have authority to
debar an actual or prospective contractor for cause from consideration for award of
contracts. The debarment shall be for a period of not more than three (3) years. The
City Manager, after consultation with the City Attorney, shall also have the authority to
suspend an actual or prospective contractor from consideration for award of city
contracts if there is probable cause for debarment, pending the debarment
determination. The suspension shall be for a period not to exceed three (3) months.
The authority to debar or suspend contractors shall be exercised in accordance with
administrative regulations promulgated hereunder.
20 (b) Causes for debarment or suspension. Causes for debarment or suspension may include,
21 but are not limited to the following:
22 (1) Violation of contract provisions, as set forth below:
13 a) Failure, without good cause, to perform in accordance with the specifications,
24 terms and conditions of a contract with the City or within the time limit
25 provided in the contract.
26 b) The failure, without good cause, to provide bid security (if required), bonds,
27 insurance or other required certificates within a reasonable time period after a
28 contract is awarded. A change of mind or mistakes due to the failure to use due
29 diligence shall not be considered good cause.
30 c) Refusal, without good cause, to accept a purchase order, agreement, or contract,
31 or to perform thereon provided such order was issued timely and in
32 conformance with the offer received. A change of mind or mistakes due to the
33 failure to use due diligence shall not be considered good cause.
34 d) Principals or corporate officers, who were principals or officers of another
35 business at the time when the other business was suspended or debarred by any
36 governmental entity within the last three (3) years due to any of the same
37 grounds for disbarment or suspension provided for in this entire Section.
38 e) Violation, in the past ten (10) years, of the ethical standards set forth in state
39 and/or local law.
40 f) Abandonment or other failure to complete construction to the satisfaction of
41 the City or the failure to timely pay subcontractors and suppliers without a valid
12 reasonable basis for non-payment.
City of South Miami Purchasing Ordinance -2012 Page 24of36
1 g) Debarment by another governmental entity for any cause listed in this Section
2 within the past three (3) years.
3
4 (c) If there is a conflict in the number of years of debarment due to the applicability of
5 more than one basis for debarment, the longer period of debarment shall apply.
6 (d) Decision to debar or suspend. Subject to the provisions of paragraph (a), the City
7 Manager shall render a written decision stating the reasons for the debarment or suspension. A
8 copy of the decision shall be provided promptly to the debarred or suspended person or entity,
9 along with a notice of said party's right to seek administrative and/or judicial relief. A decision
10 to debar and suspend shall be final and conclusive.
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City of South Miami Purchasing Ordinance -2012 Page 250f 36
1 DIVISION 7. COOPERATIVE PURCHASING
2
3 Sec. 2-66.1 -Use of other governmental contracts ("Piggybacks").
4 The Purchasing Manager may approve any purchases for goods or services from current
5 contracts of other governmental entities, which contracts resulted from a formal competitive bid
6 process that is at least as restrictive as provided for in the City's Charter.
7
8 Sec. 2-66.2 -Contracts with other governmental entities.
9 Subject to the provisions herein concerning contract awards, the City may enter into an
10 agreement, independent of the requirements of Division 3, Subdivision II (Methods of source
11 selection) herein, with any other governmental entity for the purchase, acquisition, or
12 cooperative use of goods or services.
13
14 Sec. 2-66.3 -Cooperative purchasing.
15 The City may participate in, sponsor, conduct, or administer a cooperative purchasing agreement
16 for the procurement of any goods or services with one or more governmental units in
17 accordance with an agreement entered into between the participants. Such cooperative
18 purchasing may include, but is not limited to, joint or multiparty contracts between governmental
19 units and open-ended federal, state, local or cooperative organization contracts that are made
20 available to other governmental units. In any event, the piggybacking shall comply with the City
21 Charter regarding such arrangements.
_2
City of South Miami Purchasing Ordinance -2012 Page 260f 36
1 DIVISION 8. RISK MANAGEMENT IN PROCUREMENT
2
3 Sec. 2-67.1 -Bid security.
4 (a)
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Requirement for bid security on construction contracts. Bid security shall be required
for all construction contracts awarded by competitive method including bids, responses
to a request for proposal, request for qualifications, or request for letter of interest.
The security may be waived as provided by administrative regulation, if any. Bid security
shall be a bond provided by a surety company authorized to do business in this state,
and in compliance with the mandatory provisions of the appropriate Florida Statutes,
including F.S. §287.0935, or the equivalent in cash or otherwise supplied in a form and
pursuant to terms and conditions satisfactory to the City. Nothing herein prevents the
requirement of such bonds on such contracts under the amount set by administrative
regulation when the circumstances warrant.
Bid security on supply or service contracts. Bid security may be required for supply or
service contracts as the Purchasing Manager deems necessary to protect the city's
interests. Any security requirements shall be set forth in the solicitation. Bid security
shall be a bond provided by a surety company authorized to do business in this state and
in compliance with the mandatory provisions of the appropriate Florida Statutes,
including F.S. §287.0935, or the equivalent in cash or otherwise supplied in a form and
pursuant to terms and conditions satisfactory to the city. Bid security shall not be used
as a substitute for a determination of a bidder or offeror's responsibility.
Amount of security.
( I ) Construction contracts. Bid security shall be in an amount established by the
Public Works Department, after consultation with the Purchasing Manager, but
not less than five percent (5%) of the amount of the bid. Only original bid bonds,
certified or cashier's check, irrevocable letters of credit, or money orders will be
accepted to satisfy this requirement.
(2) Supply or service contracts. Bid security shall be a percentage amount
determined by the Purchasing Manager, but not less than five percent (5%) of the
amount of the bid, if required under subsection (b) above. Only original bid
bonds, certified or cashier's check, irrevocable letters of credit, or money orders
will be accepted to satisfy this requirement.
Rejection of solicitations for noncompliance with bid security requirements. When the
solicitation requires security, the failure to comply with such requirement shall result in
the rejection of the bid or proposal.
Withdrawal of bids or proposals. After bids or proposals are opened, they shall be
irrevocable for the period specified in the solicitation document. Any withdrawal of a
bid or proposal, after bid opening, forfeits the return of the bid security, except as may
be otherwise provided herein.
Citv of South Miami Purchasing Ordinance -2012 Page 270f 36
1 Sec. 2-67.2 -Performance and payment bonds.
2 (a)
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6 (b)
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Bonds required when necessary. Performance and payment bonds or an acceptable
equivalent shall be required at the discretion of the City for construction having an
estimated value of $100,000 or greater. Construction having an estimated value of less
than $100,000 shall be at the discretion of the City.
Bond must be delivered prior to issuing contract document or purchase order. If
required, a performance and payment bond satisfactory to the City, executed by a
surety company authorized to do business in the State of Florida or otherwise secured
in a manner satisfactory to the City shall be presented to the City prior to issuance of a
contract document or purchase order.
Substitutes for bonds acceptable. In lieu of a performance and payment bond, the City
may accept money order, certified check, cashier's check, or irrevocable letter of credit.
Such alternate form of security shall be for the same purpose and shall be subject to the
same terms and conditions as a performance and payment bond with a surety but as
modified to the satisfaction of the City.
Reduction of bond amount. The Purchasing Manager may reduce the amount of
performance and payment bonds required on a specific contract. Disclosure of the
amount of and conditions required for the reduction shall be, if applicable, provided for
t in the solicitation or through the issuance of an addendum.
Authority to require additional bonds. Nothing in this section shall be construed to
limit the authority of the purchasing manager to require a performance bond or other
security in addition to those bonds, or circumstances other than those specified in the
code.
25 Sec. 2-67.3 -Indemnification.
26 All City solicitation and contract documents shall include indemnification provisions approved by
27 the City Attorney.·
28
29 Sec. 2-67.4 -Insurance requirements.
30 All City solicitation and contract documents shall include insurance provisions approved by the
31 City's Risk Manager/Human Resource Director.
32 (a)
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35 (b)
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40 (c)
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Contractor's insurance. Administrative regulations shall be promulgated requiring the
contractor and all subcontractors to provide adequate insurance coverage for the
duration of the contract.
Errors and omissions insurance and/or professional liability insurance. Administrative
regulations shall be promulgated that specify when the Purchasing Manager shall require
professional services firms to provide appropriate errors and omissions insurance
and/or professional liability insurance to cover architectural and engineering services
and/or other professional services.
Compliance with insurance requirements. The City's Risk Manager shall be responsible
for establishing and maintaining a system designed to ensure that a contractor is in full
compliance with the insurance requirements section of their contract. Risk management
City of South Miami Purchasing Ordinance -2012 Page 280f 36
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shall promptly notify the Purchasing Manager of any contractor who is not in compliance
with minimum insurance r~quirements applicable to their specific contract. The
purchasing manager shall not allow performance on any contract to proceed until the
insurance deficiency has been corrected to the satisfaction of risk management
component.
The City's risk manager will review solicitation documents to advise the division of
procurement on the insurance requirements needed to be contained therein.
Upon award of a solicitation, the City's risk manager will review certificates of insurance
and any other required documents for compliance of the insurance requirements listed
in the solicitations. Non-approved certificates of insurance or other required documents
will be returned to the division of procurement with reasons for non-approval and
instructions as to how the documents may be corrected. The City's risk manager will
advise the division of procurement of cancellation or failure to maintain insurance upon
receipt of notification on any current contracts. The division of procurement shall not
allow any contract to continue without proper insurance in effect after notification of
the lapse of the requisite insurance has been received.
Insurance requirements of all successful proposers shall include, at a minimum, the
following, as amended from time to time by the City's risk manager:
(I) A limit of liability of $500,000, per occurrence for bodily injury liability and
property damage liability shall apply. If higher limits or other types of insurance
coverage are required as part of the solicitation, the higher limits and additional
insurance contained in the solicitation shall apply;
(2) That increased limits and/or other types of coverage may be required by the city
to insure special risks;
(3) That evidence of such insurance coverage shall be provided to the City in the
form of a certificate of insurance that is acceptable to the City's risk manager
including copies of all required endorsements. The City shall be entitled to
receive a complete copy of any required insurance policy for review upon
request.
(4) That the City shall be named as an additional named insured on a primary and
non-contributory basis, said liability insurance policy(s) shall be endorsed to
include a waiver of subrogation and contain a "severability of interest" or a
"cross liability" clause without obligation of a premium payment by the city.
(5) That evidence of statutory worker's compensation coverage is required, where
applicable.
(6) That evidence of automobile liability insurance with limits of liability equal to or
greater than the limits of liability required for personal liability and/or
commercial general liability insurance is required, where applicable.
(7) That all insurance policies delivered to the city or required by the city shall
provide coverage for the indemnification and/or hold harmless provision of any
city agreement, lease, contract, and these instruments shall be considered, at a
minimum, insured contracts by definition.
City of South Miami Purchasing Ordinance -2012 Page 290f 36
1 . (8) That the City's risk manager shall be responsible for reviewing and approving
2 insurance requirements for compliance with the requirements as set forth herein
3 or as contained within any agreement, lease, contract, and/or statute and is
4 hereby authorized to approve requested waivers of such insurance
5 requirements.
6 (9) All insurance policies delivered to the city shall contain provisions where the
7 insurance companies providing coverage must give the city the same statutorily
8 required written notice of cancellation, non-renewal that is provided to the first
9 named insured of the policy but which, in any event, shall be not less than thirty
10 (30) days written notice. The policy or certificate of insurance issued by the
11 insured shall provide that the insurer shall provide the City, in writing, with
12 thirty (30) days' notice of any modification to any of the terms, conditions or
13 amount of coverage
14 ( I 0) All policies and policy renewals shall be required to comply with the insurance
15 requirements of this ordinance and the administrative requirements that may be
16 established by the City'S risk manager.
17 (I I) This section is not intended to limit the ability of the city to require additional
18 forms of insurance where potential loss exposure may exist or to require limits
19 of liability greater than the minimums specified above.
20 (12) This section is further not intended to limit the amount of recovery the city may
21 seek against a vendor or contractor.
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23 Sec. 2-67.5 -Other forms of security on construction contracts.
24 Administrative regulations may be promulgated authorizing the purchasing manager to require
25 other forms of security to assure timely, faithful, and uninterrupted performance, including, but
26 not limited to, operations period surety bonds, letters of credit, and appropriate written
27 guarantees from the contractor.
28
City of South Miami Purchasing Ordinance -2012 Page 30of36
1 DIVISION 9. ELECTRONIC COMMERCE
2
3 Sec. 2-68.1 -On-line procurement.
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Authorization for the use of electronic transactions. The City may conduct
procurement transactions, including competitive sealed bids, competitive sealed
proposals and informal quotations, by electronic means or in electronic form.
Regulations shall be adopted regarding identification, security, confidentiality and the
utilization of digital signatures.
Reverse auctions. The City may award contracts for goods and non-professional
services by reverse auction. During the bidding process, bidders' prices are revealed and
bidders shall have the opportunity to modify their bid prices for the duration of the time
period established by the solicitation. Award shall be made to the lowest responsive,
responsible bidder. Procedures regarding public notice, prequalification of suppliers and
security shall be established by regulation established by the City.
Electronic posting. The City may electronically post solicitations, determinations and
other matters related to procurement on a centralized Internet website designated by
the city for this purpose.
19 Sec. 2-68.2 -Authorization for the use of electronic records.
20 In accordance with the appropriate Florida Statute, including F.S. §668.50, Uniform Electronic
21 Transactions Act, wherever this code or the administrative regulations promulgated hereunder
~2 require a record to be in writing, an electronic record is authorized.
23
City of South Miami Purchasing Ordinance -2012 Page 310f 36
1
2
3 Sec. 2-69.1 -Application.
DIVISION 10. ETHICS
4 This division shall be applicable to all City personnel defined herein, and shall constitute the
5 minimum standards of ethical conduct and behavior.
6
7 Sec. 2-69.2 -Ethics.
8 Any attempt by City employees, elected or appointed official or Board members to realize
9 personal gain by conduct inconsistent with proper discharge of their duties is a breach of public
10 trust. Any effort to influence any public employee to breach the standards of ethical conduct set
11 forth in this division is also a breach of ethical standards. The provisions of city ordinances,
12 county ordinances, and state statutes shall be strictly enforced to preserve the public trust. The
13 penalties for a violation are set forth in the City Code of Ethics.
14
15 Sec. 2-69.3 -Compulsory disclosure by City Personnel of firms doing business with
16 the city.
17 Should any person employed by the City, or any elected or appointed official, or any member of
18 any City board or committee (a board or committee is hereinafter collectively defined as any
19 group ·of persons elected or appointed to perform some service or function for the City),
20 including any advisory body, member of a quasi-judicial board or committee, ( all of which is
21 hereinafter referred to as "City Personnel") be employed by an individual or entity ("Employer"),
2 whether legal or otherwise, in which that City Personnel, or, his or her immediate family
23 member, as defined in the City's Code of Ethics, has a significant financial interest or significant
24 control, and should the Employer, whether legal or otherwise, have substantial business
25 commitments to or with the City or any City agency, or be subject to direct regulation by the
26 city or a city agency, then the City Personnel shall file a sworn statement disclosing such
27 employment and interest with the City Clerk within fifteen (15) days after the City Personnel
28 knew or should have known of the relationship. A significant financial interest shall mean that the
29 person has a five (5%), or greater, ownership or financial interest in the entity or is an officer or
30 director of that entity.
31
32 Sec. 2-69.4 -Cone of silence; contracts for the provision of goods and services.
33 The requirements of section 2-1 1.1 (t) ("Cone of Silence Ordinances") of the code of Miami-Dade
34 County, Florida, as amended, shall be applicable to the City of South Miami.
35
36 Sec. 2-69.5 -Use of confidential information.
37 It shall be a breach of ethical standards for any employee or former employee knowingly to use
38 . confidential information for actual or anticipated personal gain, or for the actual or anticipated
39 personal gain of any other person.
40
City of South Miami Purchasing Ordinance -2012 Page 320f 36
1 DIVISION I I. PURCHASE, SALE OR LEASE OF PUBLIC PROPERTY
2
3 Sec. 2-70.1 -Purchase, sale or lease of public lands.
4 Whenever the City proposes to purchase, sell or lease public lands or buildings, the provisions of
5 this section shall apply, unless the City Commission upon a four-fifths (4/5) vote finds that the
6 public interest would be served by waiving any or all provisions of this article. Nothing contained
7 herein shall contradict or be in conflict with the City Charter concerning the purchase, sell or
8 lease public lands or buildings and in case of any conflict the Charter shall take precedence over
9 this ordinance.
10 Sec. 2-70.2 -Definitions.
11 The following words, terms and phrases, when used in this section 2-70, shall have the
12 meanings ascribed to them below:
13 City property includes, but is not limited to, any real, personal and intangible property and including
14 land, water, and air rights.
15 Lease of city property means the granting of any right to use city property by way of agreement,
16 irrespective of consideration being paid to the city, and irrespective of the city's also utilizing or
17 being allowed to utilize the property for any purpose during the term of the lease. For purposes
18 of this article, the term "lease" shall not include special event permits, revocable permits,
19 concession agreements, management agreements, use agreements or leases for a term of not
20 more than three (3) years, including option periods.
~ 1 Sale of city property means any conveyance, transfer, gift, exchange qr other transaction in which
12 legal title passes from the city to any person or entity, whether or not the city retains any partial
23 title, interest, reservation, easement, right-of-way, restriction or license in regard to the
24 property. This definition shall include any sale or transfer of development rights as defined in this
25 code. This definition shall not include the vacation or abandonment of any city public right-of-
26 way, including streets and alleys, and any encroachment thereupon.
27
28
29 Sec. 2-70.3 -City-owned property, sale --generally; advertised public bidding
30 process.
31 Notwithstanding any provision to the contrary contained in this code, and except as required by
32 the City Charter, the following conditions must be met before any sale of the City's real
33 property:
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(a) there shall be, prior to the date of the City Commission's consideration of such
sale or lease, an advertisement soliciting proposals for said sale published in a daily
newspaper of general paid circulation in the city, at least sixty (60) days before the sale;
and
(b) the advertisement shall be no less than one-fourth (114) of a page and the
headline in the advertisement shall be in a type n'o smaller than IS-point; and
(c) there shall be at least three (3) written proposals received from prospective
purchasers, otherwise the guaranteed return under the proposed sale whose
acceptance is being considered shall be at least equal to the fair market value of the
City of South Miami Purchasing Ordinance -2012 Page 330f 36
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property, and the City Commission determines that the contemplated sale will be in the
City's best interest.
3
4
Nothing contained herein shall be construed to contradict the City Charter and if there is any
conflict, the City Charter shall take precedence.
5 Sec. 2-70.4 -Appraisals required for purchases, sales and leases.
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Whenever the city purchases, sells, or is involved in a lease of real estate and the fee
simple value of the property being bought or sold, or the annual value of the property
being leased is in excess of $250,000, the city shall, prior to consummating the purchase,
sale or lease, have the property appraised by two State of Florida certified real estate
appraiser in order to determine the estimated market value.
Should the purchaser or lessee be willing to pay the cost of such appraisal, then any such
cost may be deducted from a bid bond or similar deposit made in a bid process.
In all lease or sales of property, the conditions of this section may be waived upon a
four-fifths (4/5) vote of the City Commission upon a finding by the City Commission
that the public interest would be served by waiving such conditions of bidding and/or
appraisal for the disposition of the property.
The City Commission shall be informed of each of the appraisals prior to City
Commission approval or disapproval of the transaction.
20 Sec. 2-70.5 -Payment of costs.
'.1 All costs associated with the sale or lease procedures addressed in this article shall be, at the
22 option of the city, paid by the purchaser or lessee.
23
24 Sec. 2-70.6 -Analysis for the purchase, sale or lease of city property.
25 In order for the City Commission and the public to be fully apprised of all conditions relating to
26 the proposed purchase, sale and/or lease of city property, the City shall submit a report to the
27 City Commission which analyzes the transaction and provides a recommendation as to the
28 proposed purchase, sale and/or lease of city property, including answers to the appropriate
29 questions below:
30 (a) Whether the purchase, sale and/or lease are consistent with the property appraisal as
31 required herein?
32 (b)
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36 (d)
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What is the immediate impact on the current fiscal budget, the long term effect on
future budgets and. the long-term overall effect on the city?
Considering the city's mission statement, what are the other alternatives to entering
into the proposed transaction?
Does the proposed transaction conform to the City's comprehensive plan and is it
compatible with the surrounding neighborhood?
An analysis of the positive and negative impacts on adjacent property including, but not
limited to, open space, traffic, access considerations, noise level, property values,
improved development patterns and provision for necessary services including municipal
utilities and other infrastructure systems and the needs and costs associated with any
City of South Miami Purchasing Ordinance -2012 Page 34of36
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needed improvements. To the extent needed, traffic studies and other professional
studies required they shall be paid for by the proposed purchaser, developer, or lessee.
Are the terms and conditions of the proposed purchase, sale, or lease of city property;
or the proposed purchase or lease by the city of non-city property based on market
terms and value, and if so, what are they?
Is the proposed use in keeping with city goals and objectives?
What is the economic impact on the city, Le. is the proposed use in keeping with a
public purpose and community needs, such as expanding the city's revenue base,
reducing city costs, creating jobs, creating a significant revenue stream, and improving
the community's overall quality of life?
Are there alternatives available for the proposed disposition, including assembly of
adjacent properties?
Can the project be accomplished under a private ownership-assembly?
14 The respective corresponding boards may address such other issues as they may deem
15 appropriate in their analysis of the proposed disposition.
16
17 Sec. 2-70.7 -Purchase, sale, lease of real property.
18 (a)
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Prior to the city's entering into any contract, agreement, or lease relating to the
purchase, sale, or leasing of real property non-City owned real property, all individuals,
corporations, partnerships, joint ventures, or other legal entities having any interest of
any kind in the property to be purchased, sold, or leased, shall file with the city a
document identifying the extent of its ownership interest in the subject real property.
Failure by any party to comply with the requirements of subsection (a) hereof shall
render the entire agreement to purchase, sale or lease voidable at the option of the
City.
27 Section 2: Codification. The provisions of this ordinance shall become and be made
28 part of the Code of Ordinances of the City of South Miami as amended; that the sections of
29 this ordinance may be renumbered or re-Iettered to accomplish such intention; and that the
30 word "ordinance" may be changed to "section" or other appropriate word.
31
32 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance
33 is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this
34 holding shall not affect the validity of the remaining portions of this ordinance.
35
36 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all
37 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
38 However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances,
39 that give the appearance of being in conflict when the two ordinances can be harmonized or
40 when only a portion of the ordinance in conflict needs to be repealed to harmonize the
41 ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby
.2 amended to harmonize the two ordinances. Therefore, only that portion that needs to be
43 repealed to harmonize the two ordinances shall be repealed.
City of South Miami Purchasing Ordinance -2012 Page 350f36
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2 Section 5. Effective Date. This ordinance shall become effective upon enactment.
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PASSED AND ENACTED this __ day of ______ " 2012.
ATTEST: APPROVED:
CITY CLERK MAYOR
I st Reading B
2nd Reading B
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Liebman:
Commissioner Newman:
Commissioner Harris:
Commissioner Welsh:
City of South Miami Purchasing Ordinance -2012 Page 360f 36