R-1171-09 RESOLUTION NO. 1171.09
RESOLUTION OF THE MIANII SHORES VILLAGE
COUNCIL CREATING CERTAIN NEM MUM
QUALIFICATIONS FOR PARTICIPANTS IN
COMPETITIVE BIDDING FOR VILLAGE PROJECTS
WHEREAS, by prior Resolution the Miami Shores Village Council afforded the Village
Manager purchasing authority for Village contracts below certain dollar thresholds and required
competitive bidding for certain other Village projects;
WHEREAS, the statutes,rules and regulations of various other governmental entities also
require the competitive bidding of certain Village projects under certain conditions;
WHEREAS, from time to time, certain Village projects are funded, in whole or in part,
from funding sources derived from, or through, other governmental agencies, federal, state and
county;
WHEREAS, the Village Council has determined that, while price is an important factor
in awarding Village contracts, it should not always be the sole factor, and that quality and
reliability of performance are also important factors; and
WHEREAS, the Village Council deems circumstances whereby a contractor has
defaulted under quality or reliability standards contained in similar contracts with other
governmental agencies to be a fair indicator of expected future performance or non-performance
with regard to potential Village contracts;
NOW THEREFORE, be it resolved by the Miami Shores Village Council as follows:
Section 1. The Village Manager and Village Administration is authorized to adopt a
policy disqualifying from the bidding process with regard to any competitive bidding for any
Village project any contractor who, at the time of the request for bids or within one(1)year prior
thereto, is or has been in default of its obligations under any contract for similar services entered
into with any federal agency, any agency of the State of Florida, Miami-Dade County or any
Florida Municipality. For purposes of this policy, such defaults shall include but not be limited
to defaults regarding quality and reliability of work performed, such as, for example, unexcused
failure to comply with time limitations such that liquidated damages have been imposed against
such contractor.
Section 2. The Village Manager shall have the power to waive any bidding
disqualification that might otherwise arise under this policy with regard to any contractor that
satisfies each of the following conditions:
a. Requests such a waiver in writing, by delivering same to the Village Clerk
within ten (10) business days following issuance of the Request for Bids
for which waiver is sought; and
b. Accompanies such request with a written explanation of sufficient facts
and circumstances, together with sufficient back-up documentation, to
demonstrate to the satisfaction of the Village Manager that the contractor's
default under a prior contract with the Village or another governmental
entity is the subject of a bonafide good faith dispute between the
contractor and another governmental agency, in connection with which the
contractor has acted reasonably; or, in the alternative, has been fully and
finally resolved in favor of the contractor via arbitration or litigation, or, in
the alternative, has been finally settled and resolved to the satisfaction of
the other governmental entity involved.
The Village Manager's denial of any timely request for waiver complying with this section may
be appealed to the Village Council for determination by majority vote, provided a written request
for such an appeal is received by the Village Clerk within ten (10) calendar days of the date of
the Village Manager's written denial of waiver.
Section 3. The Village Administration shall take appropriate steps to provide notice
of this policy in connection with all future requests for bids relating to Village projects.
Reference to this Resolution in the Request for Bids shall be d died sufficient for that purpose.
PASSED THIS 1 stiDAY OF DECEMBER, 2009.
F
ATTEST: Al Davis, Mayor
42kg 4 C
Barbara A. Estep, MMC illage Clerk
Approved as to Form:
Richard Sarafan, Village Attorne
7718-001/#442
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