HomeMy WebLinkAboutCity of Tamarac Ordinance O-1979-057i r, h
Introduced by: C Temp. # 615?
Rev. 9/13/79
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CITY OF TAMARAC, FLORIDA
ORDINANCE NO.
AN ORDINANCE PROVIDING FOR THE ADOPTION OF A COMPRE-
HENSIVE PURCHASING ORDINANCE OF THE CITY OF TAMARAC,
FLORIDA; PROVIDING FOR CODIFICATION; PROVIDING RE-
PEALER; PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA:
SECTION 1: TITLE
The provisions of this ordinance shall be known as the "Purchasing
Ordinance of the City of Tamarac".
SECTION 2: PURPOSE AND INTENT
The purpose and intent of this ordinance shall be to prescribe the
manner in which the City of Tamarac shall control the purchase of materials,
supplies, equipment, and certain contractual services, and to maintain a high
ethical standard for all officers and employees of the City in connection
therewith.
SECTION 3: SUPERVISION
There is hereby established a Division of Purchasing which shall be
under the supervision of the Finance Director.
SECTION 4: DEFINITIONS
For the purpose of this ordinance the following terms, phrases,
words and their derivations shall have the meaning given herein. When not in-
consistent with the context, words used in the present tense include the future,
words in the plural number include the singular number, and words in the
singular number include the plural number. The word "shall" is always mandatory
and not directory.
1. "Chief Administrator" is the City Manager of the City of
Tamarac, Florida.
2. "City" is the City of Tamarac, Florida.
3. "Council" is the City Council of the City of Tamarac, Florida.
4. "Purchasing Officer" is the Purchasing Officer of the
City of Tamarac, Florida.
S. "Contractual Services" shall include, without limitation, the
purchase of insurance, printing, gas, electricity, fuel, towel and
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1 cleaning services, purchase, installation, rental, repair and
2 maintenance of equipment & machinery, and other personal property,
3 lease of real property and office space, and all other can-
4 tractual supplies, materials, equipment, and services not
S specifically excluded from the requirements of this ordinance.
b 6. "Supplies" shall mean and include all supplies, materials
7 and equipment.
8 7. "Using Agency" is any department, board, agency,
9 commission, bureau or other unit in the City government using
10 supplies or procuring contractual services which derive their
11 support wholly or in part from City funds as provided in this
1.2 ordinance.
13 SECTION 5: ESTABLISHMENT OF DIVISION OF PURCHASES
14 The City Purchasing Officer shall be the head and have general
15 supervision of the Division of Purchases. The Purchasing Officer shall perform
36 all duties required by directive of the City Manager and shall have the powers
17 and duties prescribed by this ordinance. The Purchasing Officer shall:
18 1. Arrange for purchases of all supplies, materials and
19 equipment required by any office, department or agency of the
20 City government.
2 1 2. Transfer to or between offices, departments or agencies,
22 surplus, obsolete or unused supplies, materials and equipment.
23 SECTION 6: SCOPE OF PURCHASING AUTHORITY
24 6-1. Purchasing Power - To assist the City Manager in the purchase or
25 contract of all supplies, materials, equipment, contractual services needed by
26 all of the using agencies. The Purchasing Officer shall have the power to transfe
27 all supplies, materials and equipment, from one department to another, as may
28 be deemed advisable by the.City Manager,
29 6-2. Unauthorized Purchases - Except as herein provided, it shall be a
30 violation of this ordinance for any City officer, employee, or other person, to
31 order the purchase of any materials or supplies, or make any contract for
32 municipal materials, supplies or services within the purview of this ordinance,
33 other than through the Purchasing Division, and the City shall not be bound by
34 any purchase order or contract made contrary to the provisions herein.
2.
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1 6-3 Other Powers and Duties - In addition to the purchasing
2 authority conferred in Section 6-1 above, and in addition to any other powers
3 and duties conferred by this ordinance, the Purchasing officer shall:
4 a. Be responsible to Finance Director
5 Be responsible to the Finance Director for the effective
6 administration of his division and all activities assigned thereto.
7 b. Inaugurate Sound Practices
8 Keep informed as to current practices consistent in the
9 sound purchasing principles. The Purchasing officer shall inaugurate
10 with the approval of the Finance Director, such new practices as
11 appear to be of benefit to the service and to the public.
12 c. Report to Finance Director
13 Submit reports of activities of the Purchasing Division
14 to the Finance Director or other competent authority designated by
15 the Finance Director, as required.
76 d. Maintain Records
17 Establish and maintain a system of filing and indexing
18 records and reports in sufficient detail to furnish all information
19 necessary to proper control of divisional activity and to form a
20 basis for the periodic reports to the Finance Director.
21 e. Authority Over Employees
22 Recommend the appointment, promotion, demotion, and removal
23 of employees under the supervision of the Purchasing Officer subject
24 appropriate City Rules and Regulations concerning these activities.
25 f. Maintain Equipment
26 Be responsible for the proper maintenance of all City
27 property and equipment of his division.
28 g. Minimum Expenditures
29 Act to procure for the City the appropriate quality and
30 quantity in supplies and contractual services at the least expense
31 to the City.
32 h. Encourage Competition
33 Endeavor to obtain as full and open competition as possible
34 on all purchases and sales.
3.
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i. Rules and Regulations
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Recommend to the Finance Director for adoption
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all rules and regulations authorized by this ordinance and any
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other rules and regulations ^necessary to its operation.
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j. Purchasing Analysis
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Keep informed of current developments in _the field of
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purchasing; prices, market conditions and new products; and secure
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for the City the benefits of research done in the field of
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purchasing by other governmental jurisdictions, national technical
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societies, trade associations having national recognition and by
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private businesses and organizations,
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k . Forms
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Prescribe and maintain such forms as he shall find
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necessary to the operation of this ordinance.
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1. Standards and Specifications
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The Purchasing Officer shall, where possible, establish sets
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of standards and specifications to control all purchases by the City,
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and he shall prepare and recommend to the City Manager such standards
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as to quality, size and variety of articles, equipment and supplies
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used by the offices and departments of municipal government, as
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will make possible uniform purchasing for all City departments and
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offices when consistent with efficiency.
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m. Vendors Category File
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Prepare, adopt and maintain a vendor's category file.
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Said category shall contain descriptions of vendors commodities,
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prices and discounts.
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n. Bulk Purchases
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Exploit the possibility of buying "in bulk" so as to take
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full advantage of discounts.
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o. Federal and State Sales Tax Exemptions
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Act so as to procure for the City all federal and state
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sales tax exemptions to which it is entitled.
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p. Disqualification of Bidders
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Have the authority, subject to the approval of the City
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Manager, to declare vendors who default on their quotations
irresponsible bidders, and to disqualify them from receiving any
business from the municipality for a stated period of time, up
to two years, after giving proper notice and holding an
administrative hearing on such charges.
q. Participation in Budget Preparation
Participate in the preparation of the Finance Department
budget and if requested by the City Manager provide input con-
cerning costs of proposed purchases by various using agencies
during the next fiscal year.
r. Non Emergency Travel Arrangements__
Make non emergency travel arrangements when it is
necessary for City officials and employees to be out of town on
City business. However, the City Council, City Manager and City
Attorney may make their own travel arrangements.
SECTION 7: COMPETITIVE BIDDING REQUIRED
All purchases of, and contracts for, supplies and contractual
services, when the estimated cost thereof shall exceed Two Thousand Dollars
shall
($2,000.00), except as specifically provided herein,/be based wherever possible,
on competitive bids.
SECTION 8: PUBLIC WORKS CONTRACTS
Construction and improvement Contracts within the City shall be under th.e•super-
vision of the City Engineer or the Chief Building Official or other individual
de-signated by the City Manager, however, contract documents may be prepared and
shall be processed through the Purchasing Officer.
SECTION 9: FORMAL CONTRACT PROCEDURE
All supplies and contractual services, except as otherwise provided
herein, when the estimated cost thereof shall exceed Two Thousand Dollars ($2,000.
shall be purchased by formal, written contract from the lowest fully responsive
and responsible bidder, after due public notice inviting proposals.
1. Advertisement for Bids Required; Amount.
Except as otherwise provided in this Ordinance or in the City
Charter, when any goods, supplies, materials or contractual services for City
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purposes or use shall be purchased when the amount to be paid
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thereof by the City shall be more than Two Thousand Dollars
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($2,000.00), notice thereof shall be advertised at least two times
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in a daily newspaper of general City circulation, calling for
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sealed bids upon the work to be done under the proposed contract.
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The first such notice shall be published no sooner than five (5)
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days after the initial notice publication. The second such notice
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shall be published no sooner than five (5) days after the initial
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notice publication.
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2. Bid Deposits.
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When deemed necessary by the Purchasing officer, bid deposits
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shall be prescribed in the public notice inviting bids. Unsuccessful
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bidders shall be entitled to return of surety where the Purchasing
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Agent has required such. A successful bidder shall forfeit any
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surety required by the Purchasing officer upon failure on his part to
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enter a contract within ten days after the award.
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3. Bid Opening Procedure
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a. Sealed
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Bids shall be submitted sealed to the City Clerk and shall
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be identified as bids on the envelope.
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b. Opening
ning
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Bids shall be opened in public at the time and place stated
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in the public notice. Said openings shall be witnessed by the
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City Clerk or any person designated by the City Clerk or the
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City Manager.
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c. Tabulation
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A tabulation of all bids received shall be posted or be
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otherwise available for public inspection.
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d. Late Receipt
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No late bids shall be accepted or opened, and,if received
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after the date and time called for in the bid notice, said bids
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shall be returned unopened to bidder.
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e. Signature
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Failure to properly sign bids shall invalidate them and they
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may not be considered
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f. Copies to City Clerk
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The bids opened shall contain a copy to be filed in the
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City Clerk's office.
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4. Rejection of Bids
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The Purchasing officer shall have the authority to recommend to
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the City Manager for Council action the rejection of all bids,
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parts of all bids, or all bids for any one or more supplies or
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contractual services included in the proposed contract when the
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public interest will be served thereby. The Purchasing officer
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shall not accept or process in any way the bid of a contractor
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who is in default on the payment of taxes, licenses or other
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monies due the City.
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The City Council reserves the right to reject all bids or parts
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of bids, for any one or more supplies or contractual services in-
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cluded in the proposed contract when the public interest will be
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served thereby. In the event that a bid or part of a bid is
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rejected, the Council may authorize negotiation of a price with the
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low bidder at no substantial modification of the bid specifications.
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5. Award of Contract
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a. Authority of Purchasin2 officer
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The Purchasing officer shall have the authority_ta recommend__
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award of contracts to the City Manager for Council action.
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b. Lowest Fully Responsive and Res onsible Bidder
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Contracts shall be awarded to the lowest fully responsive
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and responsible bidder. In determining "lowest fully responsive
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and responsible bidder" in addition to price, City officials
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may consider:
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(1) The ability, capacity and skill of the bidder to
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perform the contract or provide the service required.
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(2) Whether the bidder can perform the contract or
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provide the service promptly or within the time specified,
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without delay interference.
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(3) The character, integrity, reputation, judgment,
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experience and efficiency of the bidder.
(4) The quality of performance of previous
contracts of services.
(5) The previous and existing compliance by the
bidder with laws and ordinances relating to the contract
or service.
(6) The sufficiency of the financial resources and
ability of the bidder to perform the contract or provide
the service.
(7) The quality, availability and adaptability of
the supplies, or contractual services to the particular
use required.
(8) The ability of the bidder to provide future
maintenance and service for the use of the subject of
the contract.
(9) The number and scope of conditions attached to
the bid.
c. Award to Other than Low Bidder
When the award is not given to the lowest bidder, a full
and complete statement of the reasons for placing the order elsewhere
shall be prepared by the City Manager or an employee designated by
him and filed with the other papers relating to the transaction.
d. Tie Bids
(1) Local Vendors
If all bids received are for the same total amount
or unit price, quality and service being equal, the contract
shall be awarded to a local bidder, and in the event of tie
bid by local vendors, the contract may be split when it is
to the City's advantage.
(2) Outside Vendors
Where sub -section 5.d(1) is not in effect, the City
Council shall award the contract to tie bidders by splitting
said contract when it is to City's advantage.
e. Performance Bond
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The Purchasing Officer shall have the authority to require
a performance bond, before entering a contract, in such amount
as he shall find reasonably necessary to protect the best
interest of the City.
6. Prohibition Against Subdivision
No contract of purchase shall be subdivided -to intentionally
avoid the requirements of this section or of Section 10.
7. Bidders List
The Purchasing Officer shall also solicit sealed bids from all
responsible prospective suppliers who have requested their names
to be added to a "Bidders List" which the Purchasing officer shall
maintain, by sending them a copy,of such newspaper notice or such
other notice as will acquaint them with the proposed purchase.
In any case, invitations sent to the vendors on the bidders list
shall be limited to commodities that are similar in character
and ordinarily handled by the trade group to which the invitations
are sent.
8. No Bids Received
If no bids for contractual services or supplies are received,
the City Council may authorize the City Manager or any employee
designated by him to negotiate with companies or firms which
provide the services or supplies sought.
SECTION 10: OPEN MARKET PROCEDURE
All purchases of supplies and contractual services of the estimated
value of Two Thousand Dollars ($2,000.00) or less shall be purchased or sold
in the open market, without newspaper advertisement and without observing the
procedure prescribed by Section 7 above for the awards of formal contracts.
1. Notice Inviting Bids
The Purchasing officer ma _solicit quotations by any one
or more of the following:
a. By direct mail requests to prospective vendors. ..
b. By telephone.
c. By public notice posted on the bulletin board of City
Hall.
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2. Recording
The Purchasing officer shall keeD__a..record_of_all open
market orders and the quotations submitted in competition thereon
and such records shall also be open to public inspection. He shall
endeavor to get quotations from at least two vendors and shall
record each quotation and place said quotations in the file for
the job order.
3. Petty Cash
The City Manager shall promulgate rules and regulations
governing petty cash purchases in an amount not to exceed
$200.00 or as may be amended by Resolution of the City Council.
SECTION 11: EXCEPTION TO BID REQUIREMENTS
Only the following situations are exempted from the competitive
bid requirements of this ordinance.
1. Emer enc Purchases
"Emergency" as used in this section shall refer to circum-
stances which may require immediate action for the protection of the
safety, health and welfare of the community or any segment thereof.
The Council, at a meeting or by communication with the Manager,
shall determine whether in fact an emergency exists.
To defray emergency expenditures the Manager may be
authorized by the Council to arrange for direct procurement of
necessary supplies and services. The Manager shall endeavor to
secure proposals for these supplies or services from at least two
separate sources and will report to the Council concerning his efforts
2. Professional Services
Contracts for the service of professionals, including but
not limited to architects, engineers, surveyors and attorneys, may,
with the approval of the Council, be entered into without public
competitive bidding. Qualifications, work history and other relevant
data shall be reviewed before entering into such contracts. However,
all applicable state laws, such as the Consultant's Competitive
Negotiation Act, shall be followed.
3. Non -Competitive Supplies
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1 Non-competitive supplies, available from only one source,
2 such as unique, patented, or franchised supplies, are exempt;
3 provided, however, that such purchases in excess of Two Thousand
4 Dollars ($2,000.00) require a formal written contract approved
5 by the Council.
6 SECTION 12: INSPECTION AND TESTING
7 The Purchasing officer shall inspect or supervise the inspection of
8 all deliveries of supplies or contractual services to determine their conformance
9 with the specifications set forth in the order or contract.
10 1. Inspection by Using Agency
11 The Purchasing Officer shall have the authorit_to authorize
12 using agencies having the staff and facilities for adequate
13 inspection to inspect all deliveries made to such using agencies
14 under rules and regulations which the Purchasing Agent shall prescribe
15 2. Test
76 The Purchasing Officer shall have the authors to re wire
17 chemical and physical test of samples submitted with bids and
18 samples of deliveries which are necessary to determine their quality
19 and conformance with the specifications. In the performance of such
20 tests the Purchasing officer shall _harms the aulhox_ity .tsz-make_use of
2 1 laboratory facilities of any agency of the City government or of any
22 outside laboratory.
23 SECTION 13: SURPLUS STOCK
24 All using agencies shall submit to the City Manager or such employee
25 designated by him at such times and in such form as he shall prescribe, reports
2 6 showing stocks of all supplies
which are no longer used or which have become obsolete, worn out or scrapped.
27 1. Transfer'
28 The Purchasing _Officer shall have the authority to transfer
29 surplus stock to other using agencies.
30 SECTION 14: COOPERATIVE PURCHASING
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The Purchasing Officer shall have the authority to join with other
32 units of government in cooperative purchasing plans when the best interests of
33 the City would be served thereby and all other requirements of this ordinance
34 have been satisfied.
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1 SECTION 15: WAIVER OF FORMAL CONTRACT PROCEDURE
2 The Purchasing Officer may procure, without following Formal
3 Contract Procedure, all supplies, materials, and equipment which are the
4 subject of contracts with the State of Florida as set forth in Section
5 287.051 of the Florida Statutes, or with the United States Government.
6 SECTION 16: CHANGE ORDERS -
7 1. "Change Order" means changes, due to unanticipated conditions
8 or developments, made to an executory contract which do not substantially alter
9 the character of the work contracted for, and which do not vary so substantially
10 from the original specifications as to constitute a new undertaking. Such
11 changes must reasonably and conscientiously be viewed as being in fulfillment
12 of the original scope of the contract rather than as departing therefrom.
13 Further, such changes, when viewed against the background of the work described
14 in the contract and the language used in the specifications, must clearly
15 be directed either to the achievement of a more satisfactory result or the
76 elimination of work not necessary to the satisfactory completion of the contract.
17 2. The City Manager is hereby authorized to approve and initiate
18 work on the following types of change orders determined in his/her judgment
19 to be in the public interest, as follows:
20 a. All change orders decreasing the cost of the contract to
2 1 the City; providing, however, such decrease does not materially
22 alter the character of the work contemplated by the contract.
23 b. A change order increasing the cost of the contract to the
24 City by an amount not in excess of Two Thousand Dollars ($2,000.00).
25 3. All other change orders must be formally approved by the City
26 Council before work may be authorized to begin, and no claim against the City of
27 extra work in furtherance of such change order shall be allowed unless said prior
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approval has been obtained, notwithstanding any other provisibn,contractual or
29 otherwise.
30 4. Change orders shall not artifically be distributed or divided so
31 as to being the amount within the approval level of the City Manager and any such
32 proposed change order shall include within it all logically connected work re-
3 3 quired to be done at the time of the proposal.
34 SECTION 17: SEVERABILITY
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If any section, subsection, sentence, clause, phrase or portion
of this ordinance, if 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 hereof.
SECTION 18: REPEALER
That all sections or parts of sections of the Code of
Municipal Ordinances of the City of Tamarac, all ordinances or parts of
ordinances, and all resolutions or parts of resolutions, in conflict herewith,
be and the same are hereby repealed to the extent of such conflict.
SECTION 19: CODIFICATION
Specific authority is hereby granted to codify this ordinance.
SECTION 20: EFFECTIVE DATE
That this ordinance shallbe in full force and effect immediately
upon its passage and adoption.
PASSED FIRST READING this /,;Z day of ,1979.
PASSED SECOND READING this— �o —day of
ATTEST:
i
CITY CLERK -f
I HEREBY CERITFY that I have MAYOR:
approved the form and correctness
of this ORDINANCE DISTRICT
DISTRICT
A
DISTRICT
CITY ATTORNEY DISTRICT
13.
RECORD OF COUNCIE VM