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Home My Public Portal About16-09 ESTABLISHING A PROTEST PROCEDURE FOR BIDS 15t Reading: July 27, 2016 2nd Reading: September 14, 2016 Public Hearing: September 14, 2016 Adopted: September 14, 2016 Effective Date: September 14, 2016 Sponsored by: City Manager ORDINANCE No. 16-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AMENDING CHAPTER 2,ARTICLE VI, DIVISION 1 OF THE CITY OF OPA-LOCKA, FLORIDA CODE OF ORDINANCE, CREATING SECTION 2-325, ESTABLISHING A PROTEST PROCEDURE FOR BIDS, REQUEST FOR PROPOSALS AND OTHER SOLICITATIONS; PROVIDING FOR SEVERABILITY AND CODIFICATION; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,The City currently does not have a protest procedure for contesting of the awards of bids, request for proposals and other types of solicitations; and WHEREAS,The City finds that it is in its best interest to establish a protest procedure; and WHEREAS,The City Commission desires establish such protest procedure; and NOW THEREFORE, BE IT DULY ORDAINED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. The recitals and preambles herein are incorporated by reference. Section2. The City of Opa-locka City Commission hereby amends Chapter 2 Article VI Division 1 and creating Section 2-325 as follows: Section 2-325 Protest Procedures. The following shall govern any protest made by a participant in any competitive process utilized for the selection of a person or entity in regard to any response to a city requests for proposal (RFP)/invitations to bid(ITB)/request for letters of intent(RFLI)and/or requests for qualification(RFQ): (1) Protest of any city recommendation for an award in response to a request for proposals shall be filed with the city clerk and mailed by the protesting party to all responders to the bid proposal within 72 hours of the city's recommendation for an award or the city's actual award,whichever comes first. Such protest shall be in writing, shall state the particular grounds on which it is based, and shall include all pertinent documents and evidence. The protest letter to the city clerk shall include proof of mailing/receipt to other responders to the bid and shall be accompanied by a cashier's check in the amount of$500.00 representing the filing fee,plus a cost bond in the amount of$2,500.00 to reimburse Ordinance No. 16-09 the city for all administrative costs associated with the appeal process. The $2,500.00 bond shall be returned to the protester if the protester prevails in the hearing before the hearing examiner/special master. If the protester does not prevail the city shall keep the bond. Any grounds not stated shall be deemed waived. (2) Protests shall be referred by the city clerk to the city manager who shall select a hearing examiner or special master who shall hold a hearing and submit written findings and recommendations within 15 days of the filing of the protest. The hearing examiner shall consider the written protests, supporting documents in evidence, the city's recommendations and supporting documentation and all evidence presented at the hearing.Such finding and recommendation shall be filed with the city clerk. (3) Hearing examiners/special masters shall be members of the Florida Bar. (4) The hearing examiner/special master's findings shall be final. Appeals of a decision by the hearing examiner shall be to the county circuit court. The prevailing party in the appeal may be entitled to recover any and all attorneys'fees and costs incurred in the appeal. (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. All ordinances or code provisions in conflict herewith are repealed. Section 4. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 5. CODIFICATION. This Ordinance shall be codified in the Code of Ordinances when the Code is recodified. Section 6. EFFECTIVE DATE.This Ordinance shall upon adoption, become effective immediately. PASSED AND ADOPTED this 14th day of September,2016. Ordinance No. 16-09 �•�.�4 Myra Taylor Mayor Attest to: e Joarp a Flores 4 City Clerk Approved as to form and legal sufficiency: Vincent T. Brown, Esq. The Brown Law Group, LLC City Attorney Moved by: COMMISSIONER RILEY Seconded by: VICE MAYOR HOLMES Commission Vote: 5-0 Commissioner Kelley: YES Commissioner Riley: YES Commissioner Santiago: YES Vice-Mayor Holmes: YES Mayor Taylor: YES 8NW NEIGHBORS .12016 MIAMIHERAID.COM • FROM PAGE 6NW Ferrero Jr.Blvd.,Fort Lauderdale. CALENDAR Labor Day Weekend alibration Just because summer has come to an end,doesn't mean the beachfront bashes have to.sbe's CITY OF OPA-LOCKA exhibitions.Sept.1 5:30 p.m.-730 Stem,DJ Danis LaClave,and DJ oceanfront haven invites guests NOTICE TO THE PUBLIC p.m.Included in admission NSU Kenyi.A special music festival to join them anytime between Art Museum Fort Lauderdale One craft cocktail menu will be avail- noon and 6 p.m.where they'll be NOTICE IS HEREBY GIVEN that the City Commission of the City of Opa-locka,Florida will hold E.Las Olas Blvd.,Fort Lauder- able.All attending guests will be offering a good of fashioned dale. eligible for exclusive giveaways American favorite BBO menu.On public hearings at its Regular Commission Meeting on Wednesday,September 14,2016 at 7:00 PM in the and raffles.Sept.2-Sept.412 Saturday,internationally re- and at Sherbondy Village,215 Perviz Avenue,Opa-locka,Florida,to consider the following items: p.m.Free Ball& 1513 SW noaned DJ Aloona Will be taking Friday,September over the turntables.On Sunda 8th St.,Miami. y SECOND READING ORDINANCES/PUBLIC HEARING; 2 and Monday DJ YSL will be spinning a unique style net to AN ORDINANCE.OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, Second Annual Ball&Chain Saturday, send off the highly anticipated ADOPTING AMENDMENTS TO CORRECT SCRIVENER'S ERRORS IN ORDINANCE NO.15-31, Musk Festival Ball&Chain is September 3 weekend with a bang.Sept.3 excited to celebrate 81 years with THE LAND DEVELOPMENT REGULATION/CITY ZONING CODE ORDINANCE;PROVIDING -Sept.412 p.m.-6 p.m.Hyde FOR INCORPORATION OF RECITALS;PROVIDING FOR AN EFFECTIVE DATE(FIRST READING a three-day music festival.Over Back-to-School Fun Day for Beach Kitchen+Cocktails 111 5. HF.'LD ON JULY 27,2016/. 100 musicians and DJs are slated Families Nova Southeastern Surf Rd.,Hallandale Beath. to be on hand.The featured University,in partnership with bands will include PALO!,Spam Baptist Health South Florida and Miami's Vice City Rollers Family AN ORDLANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, Allstars,Magic City Hi Day&Blood Drive Miami's Vice AMENDING ORDINANCE NO 90-7,CHAPTER 2,ART1CI E VI,DIVISION I OF THE CITY OF 9 y ppies, cart the County,will host Jump- City Rollers roller derby Electric Piquete,Tiempo Libre, start the School Year,a free y team will OPA-LOCKA,FLORIDA CODE OF ORDINANCE,CREATING SECTION 2-230.2,ESTABLISHING The Politix,Lemon City Trio, family evert.The event will host a family day and blood A"CONE OF SILENCE"POLICY FOR INVITATIONS TO BIDS,REQUESTS FOR PROPOSALS AND Vlade Divak,Leslie Cartaya, feature a dance party with farts- drive.In addition to the chance OTHER SOLICITATIONS;PROVIDING FOR SEVERABILITY AND CODIFICATION;PROVIDING Barrio Activo,Calle Sol,Lan- sy theatre factory,What's in Your to donate blood,there will be FOR AN EFFECTIVE DATE(FIRST READING HELD ON JULY 27.2016). zallamas,Sonlokos,Pepe Montes Lunch Boxwith Baptist Health food trucks,bounce houses, &Conjunto,Elastic Band,Nick South Florida,and ZUMBA kids. raffles,Pie a Skater,face-paint- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, Tannura Quartet,Art Official, The event is recommended for !rig,a DJ and more.Sept.3 2:30 AMENDING CHAPTER 2,ARTICLE VI,DIVISION 1 OF THE CITY OF OPA-LOCKA,FLORIDA Tony Succar featuring Mixtura, school-aged children and their p.m.-6:30 p.m.Free mvcrblood- CODE OF ORDINANCE,CREATING SECTION 2-325,ESTABLISHING A PROTEST PROCEDURE Aaron Lebos,Gene Paul,and families.Sept.3 1 p.m.-3 p.m.Free drive.eventbrite.com Suniland FOR INVITATIONS TO BIDS, REQUEST FOR PROPOSALS AND OTHER SOLICITATIONS; Lucy Grau.Special DJ sets in- Nova Southeastern University- Roller Hockey Rink 9300 SW PROVIDING FOR SEVERABILITY AND CODIFICATION; PROVIDING FOR CONFLICT AND dude:DJ Le Spam,Dl Danny Alvin Sherman Library 3100 Ray 152nd St.,Miami. REPEALER;PROVIDING FOR AN EFFECTIVE DATE.(FIRST READING FIELD ON JULY 27,20161. RESOLUTIONS/PUBLIC HEARING: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-I.00KA,FLORIDA,1Y) _ CONSIDER TEE REQUEST OF POLIMIX PROPERTIES,INC.FOR SITE PLAN APPROVAL TO - CONSTRUCT AND OPERATE A CONCRETE HATCHING FACILITY AT 14800 NW 24TH COURT, •tG='r�}.. 7 ON A 54,000 SQUARE FOOT SITE OR 1.23 ACRES MORE OR LESS BY CALCULATIONS WHICH IS COMPRISED OF TWO PROPERTIES IDENTIFIED BY TAX FOLIOS 08-2122-025-0510 AND 08-2122-025-0500;PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN CITY OF OPA-LOCKA,FLORIDA EFFECTIVE DATE. NOTICE OF BUDGET HEARINGS A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA,TO FY 2016-2017 CONSIDER THE REQUEST OF POLIMIX PROPERTIES,INC.FOR DEVELOPMENT AGREEMENT APPROVAL TO CONSTRUCT AND OPERATE A CONCRETE BATCHING FACILITY AT 14800 NOTICE IS HEREBY GIVEN that the City of Opa-locka City Commission will hold public NW 24TII COURT,ON A 54,000 SQUARE.FOOT SITE.OR I 23 ACRES MORE OR LESS BY hearings at its First Budget Hearing on Tuesday,September 13,2016 W 5:01 p.m.and Second CALCULATIONS WHICH IS COMPRISED OF TWO PROPERTIES IDENTIFIED BY TAX FOLIOS Budget Hearing on Tuesday,September 27,2016 @ 5:01 p.m.The purpose of the Budget 08-2122-025-0510 AND 08-2122-025-0500;PROVIDING FOR INCORPORATION OF RECITALS; Hearings is to discuss and consider the FY 2016-2017 proposed budget for the City of Opa-locka. PROVIDING FOR AN EFFECTIVE,DATE. g P P g y The meetings will be held in the Auditorium at Sherbondy Village,215 President Barack Mama Additional Information on the above items may be obtained in the Office of the City Clerk,780 Fishermen (Perviz)Avenue,Opa-locka,Florida.All interested persons are encouraged to attend these meetings and Street,4th Floor,Opa-locka,Florida 33054.All interested persons are encouraged to attend this meeting will be heard with respect to the public hearings. and will he heard with respect to the public hearings. Agenda items may be viewed at the Office of the City Clerk,780 Fisherman Street,4"Floor,Opa-locka, In accordance with the Americans with Disabilities Act of 1990,persons needing special accommodations Florida.Anyone desiring a copy of the agenda items should contact the City Clerk at 305.953.2800. to participate in the proceeding should contact the Office of the City Clerk at(305)953-2800 for assistance no later than seven(7)days prior to the proceeding.If hearing impaired,you may telephone In accordance with the Americans with Disabilities Act of 1990,persons needing special accommodations the Florida Relay Service at(800)955-877t(TTY),(800)955-8770(Voice),(877)955-8773(Spanish)or to participate in the proceeding should contact the Office of the City Clerk at 305.953.2800 for assistance no (877)955-8707(Creole) later than seven(7)days prior to the proceeding.If hearing impaired,you may telephone the Florida Relay Service at 800.955.8771(7TY),800.955.8770(Voice),877.955.8773(Spanish)or 877.955.8707(Creole). PURSUANT TO ES 286.0105:Anyone who desires to appeal any decision made by any board agency. or commission with respect to any matter considered at such meeting or hearing will need a record of the PURSUANT TO FS 286.0105:Anyone who desires to appeal any decision made by any board,agency,or commission with proceedings.and for that reason.may need to ensure that a verbatim record of the proceedings is made, respect to any matter considered at such meeting or hearing will need a record of the proceedings,and for that reason,may which record includes the testimony and evidence upon which the appeal may he based.c need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal may be based, JOANNA FLORES,CMC CITY CLERK JOANNA FLORES,CMC CITY CLERK