The URL can be used to link to this page

Home My WebLink AboutH-3 Ordinance: Protest ProceduresCity of ~Vliami Gard~ens 1515-200 NW 167`" Street Miami Gardens, Florida 33169 Date: October 24, 2007 Fiscal Impact: No ^ X Yes (If yes, explain in Staff Summary) Funding Source: Contract/P.O. Requirement: Yes No^ Sponsor Name/Department: Danny Crew, City Manager A~c enda Cover Paqe Mayor Shirley Gibson Vice Mayor Barbara Watson Councilman Melvin L. Bratton Councilman Aaron Campbell Jr. Councilwoman Sharon Pritchett Councilman Oscar Braynon II Councilman Andr~ Williams Public hearing ^ Ordinance oX 1st Reading ^ Advertising requirement: Yes RFP/RFQ/Bid # Quasi-Judicial ^ Resolution 2nd Reading ^ No Title An Ordinance of the City Council of the City of Miami Gardens, Florida, amending Section 14, Protest Procedures of Ordinance No. 2005-10-48' providing for adoption of representations; repealing all ordinances in conflict; providing for inclusion in Code; providing for an effective date. Staff Summarv Section 14 of the City's Purchasing Ordinance (No. 2005-10-48) stipulates the procedures for a vendor to protest a recommendation of bid/contract award. In reviewing the provisions, a number of recommendations are being proposed for the Ordinance. The primary recommendations: • Ensure that the Bid Protestor provides adequate notification to other responders to the bid, by requiring proof of receipt of notices; • Adjust Filing Fees from $250 to $500, to be more reflective of the clerical costs involved in processing the protest request; • Allowing for recovery of costs by the prevailing party if there is an appeal in the Miami-Dade County Circuit Court; and • Establishing a$2,500 Bid Protest Bond to cover the estimated additional costs incurred by the City. (This is returned to the Protester if they prevail in the hearing). Examples of costs usually incurred by the city are: costs for the hearing officer, court reporter, city attorney, and the architect/engineer involved in the project. We think a$2,500 bond is reasonable, since our survey of other municipalities indicate that many require (the greater ofl $5,000 or 1% of the project costs. Recommendation: We recommend that the City Council approve the ordinance on first reading amending Section 14, Protest Procedures of Ordinance No. 2005-10-48. H-3) ORDINANCE 1ST READING PROTEST PROCEDURES ORDINANCE No. 2007- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING SECTION 14, PROTEST PROCEDURES OF ORDINANCE NO. 2005- 10-48; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. 1 WHEREAS, the City previously adopted Ordinance No. 2005-10-48, the City's 2 Purchasing Ordinance, and 3 WHEREAS, the City's Purchasing Ordinance provides for protest procedures, 4 and 5 WHEREAS, the City Manager is recommending, that certain amendments be 6 made to Section 14 of the City's Purchasing Ordinance to ensure that proper notice is 7 given to all responders of any and all bids or RFPs when a protest is filed, 8 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 9 OF MIAMI GARDENS, FLORIDA, as follows: 10 SECTION 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas 11 Clauses are hereby ratified and confirmed as being true, and the same are hereby 12 made a specific part of this Ordinance. 13 SECTION 2. AMENDMENT: Section 14 of Ordinance No. 2005-10-48 as 14 amended, is amended as follows: 15 Section 14: Protest Procedures. 16 The following shall govern any protest made by a participant in any competitive 17 process utilized for the selection of a person or entity in regard to any response to a City 18 Request for ProposaUlnvitation to Bid and/or Request for Qualification ("Request for 19 Proposals"). 20 (1) Protest of any City recommendation for an award in response to a Request for 21 Proposals shall be filed with the City Clerk and mailed by the protesting party to all 22 responders to the bid proposal within 72 hours of 23 the City's recommendation for an award or the City's actual award, whichever comes 24 first. Such protest shall be in writing, shall state the particular grounds on which it is 25 based, and shall include all pertinent documents and evidence Tt~~ ~rotest (~tter t~a.. th~ 26 City Clerk ~hall include qroof of mailing/recept to other responders to the bid and shall 27 be accompanied by a cashier's check in the amount of $50Q 00 representinq the fiiing 28 fee,_._.plus..._..a cost bond in the amount of ~2,500.00__to reimburse the City for all 29 administrative costs associated with the appeal process. Th~ `i~2,~C~rJ.00 bond shall be 30 rettarned__ta t.he Protester ifi. the Protes#er prevails in_the he~ri~g before the he~rinc~ 31 examiner/speciaf master. If the Protestor does not prevail the City shall keep the bond 32 Any grounds not stated shall be deemed waived. 33 (2) Protests shall be referred by the City Clerk to the City Manager who shall select a 34 hearing examiner or special master who shall hold a hearing and submit written findings 35 and recommendations within fifteen (15) days of the filing of the protest. The hearing 36 examiner shall consider the written protests, supporting documents in evidence, the 37 City's recommendations and supporting documentation and all evidence presented at 38 the hearing. Such finding and recommendation shall be filed with the City Clerk. 39 (3) Hearing examiners/special masters shall be members of the Florida Bar. 40 (4) The hearing examiner/special master's findings shall be final. Appeals of a 41 decision by the hearing examiner shall be to the Miami-Dade County Circuit Court. The 42 prevailinq partv in the appeal mav be entitled to recover any and all attorneys' fees and 43 costs incurred in the appeal. 44 45 46 47 48 49 50 51 52 (5) Failure to follow the protest procedures set forth herein shall automatically nullify any protest or claim brought by an aggrieved bidder, offeror or contractor. SECTION 3. CONFLICT: All ordinances or Code provisions in conflict herewith are hereby repealed. SECTION 4. SEVERABILITY: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance. Deleted: , ~ ; ~eleted: 2so 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 SECTION 5. INCLUSION IN CODE: It is the intention of the City Council of the City of Miami Gardens that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Miami Gardens and that the sections of this Ordinance may be renumbered or relettered and the word "Ordinance" may be changed to "Chapter," "Section," "Article" or such other appropriate word or phrase, the use of which shall accomplish the intentions herein expressed; provided, however, that Section 1 hereof or the provisions contemplated thereby shall not be codified. SECTION 6. EFFECTIVE DATE: This Ordinance shall become effective immediately upon its final passage. PASSED ON FIRST READING ON THE 24T" DAY OF OCTOBER, 2007. PASSED ON SECOND READING ON THE DAY OF , 20 ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON THE DAY OF , 20 ATTEST: SHIRLEY GIBSON, MAYOR RONETTA TAYLOR, CMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. City Attomey SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY: VOTE: Mayor Shirley Gibson _(Yes) _(No) Vice Mayor Barbara Watson _(Yes) _(No) Councilman Melvin L. Bratton _(Yes) _(No) Councilman Oscar Braynon, II _(Yes) _(No) Councilman Aaron Campbell _(Yes) _(No) Councilwoman Sharon Pritchett _(Yes) _(No) Councilman Andr~ Williams _(Yes) _(No) SKD/teh 267993_1.DOC 99