HomeMy WebLinkAboutCity of Tamarac Ordinance O-1982-0181
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Introduced by: (�Qz.�� Temp. #972
CITY OF TANARAC, FLORIDA
ORDINANCE NO. Q— fat — 9-
AN EMERGENCY ORDINANCE PERTAINING TO PURCHASING PROCEDURES
WITHIN THE CITY OF TAMARAC BY AMENDING SECTIONS 9-35 and
9-37 OF THE TAMARAC CITY CODE BY MODIFYING WHEN BIDDING IS
REQUIRED; AND AMENDING SECTION 9-38 CONCERNING THE
PURCHASE OF SUPPLIES AND CONTRACTUAL SERVICES NOT REQUIRED
TO BE BID BY MODIFYING THE MINIMUM AMOUNT REQUIRED FOR
BIDDING TO REFLECT LANGUAGE CONTAINED IN SECTION 7.11 OF
THE CITY CHARTER; ENUMERATING A FINDING OF EMERGENCY;,
PROVIDING FOR CODIFICATION; PROVIDING FOR REPEALER;
PROVIDING FOR SEVERABILITY OF INVALID PROVISION; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA:
SECTION 1: FINDING OF EMERGENCY
On March 9, 1982, the electorate of the City of Tamarac approved an
amendment to Section 7.11 of the City Charter concerning requirements for public -
bidding. This amendment was certified and accepted by the City Council on March
16, 1982. Inconsistencies exist between items required to be bid contained,
within Section 7.11 of the Charter, as amended, and provisions contained within
Chapter 9 of the City Code. It is determined to be in the best interests of the
health, safety and welfare of the people of Tamarac for Chapter 9 to be amended
as expeditiously as possible to eradicate and eliminate any conflicts and to
permit the bidding requirements in the City Code to be as flexible as those
contained within the Charter. Emergency action is needed to allow City business
to transpire in an orderly manner and to save monies to the people of the City
by not bidding certain items made exempt by Section 7.11.
SECTION 2: Section 9-35 of the Tamarac City Code is amended to read
as follows:
All contracts for the purchase of capital equipment, and for
improvement and construction contracts of any type, available from more than one
source that cannot be performed with City Personnel and involving dollar values
in excess of two thousand dollars ($2,000.00) shall be entered into after
32 competitive bidding. Competitive bidding for contracts between $2,001 and
$5,000 may be waived by motion of the City Council. The Council may authorize
bidding for any item not required to be the subject of bidding.
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SECTION 3: Section 9-37 of the Tamarac City Code is amended
to read as follows:
All items required by Section 9-35 to be the subject of
competitive bidding or when the bidding process is determined by the
Counci-1 to be the purchasing format to be followed, shall be purchased by
formal, written contract from the lowest fully responsive and responsible
bidder after two public notices inviting proposals.
(1) Advertisement for bids required; amount. Except as
otherwise provided in this article or in the Charter, when any goods,
supplies, materials or contractual services for city purposes or use
shall be purchased either when bidding is required, or when the bid
process is determined by the Council to be the purchasing format to be
followed, notice thereof shall be advertised at least two (2) times in a
daily newspaper of general city circulation, calling for sealed bids upon
the work to be done under the proposed contract. The first such notice
shall be published at least ten (10) days prior to the bid opening date.
The second such notice shall be published no sooner than five (5) days
after the initial notice publication.
(2) Bid deposits. When deemed necessary by the purchasing
officer, bid deposits shall be prescribed in the public notice inviting
bids. Unsuccessful bidders shall be entitled to return of surety where the
purchasing officer has required such. A successful bidder shall forfeit
any surety required by the purchasing officer upon failure on his part to
enter a contract within ten (10) days after the award.
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(3) Bid opening procedure.
(a) Sealed. Bids shall be submitted sealed to the city clerk and shall be
identified as bids on the envelope.
(b) Opening. Bids shall be opened in public at the time and place stated in the
public notice. Said openings shall be witnessed by the city clerk or any
person designated by the city clerk or the city manager.
(c) Tabulation. A tabulation of all bids received shall be posted or be otherwise
available for public inspection.
(d) Late receipt. No late bids shall be accepted or opened; and, if received after
the date and time called for in the bid notice, said bids shall be returned
unopened to the bidder.
(e) Signature. Failure to properly sign bids shall invalidate them, and they
may not be considered.
(f) Copies to city clerk. The bids opened shall contain a copy to be filed in the
city clerk's office.
(4) Rejection of bids. The purchasing officer shall have the authority to
recommend to the city manager for council action the rejection of all bids,
parts of all bids, or all bids for any one or more supplies or contractual services
included in the proposed contract when the public interest will be served
thereby. The purchasing officer shall not accept or process in any way the bid
of a contractor who is in default on the payment of taxes, licenses or other
moneys due the city.
The city council reserves the right to reject all bids or parts of bids for any
one or more supplies or contractual services included in the proposed contract
when the public interest will be served thereby. In the event that a bid or part
of a bid is rejected, the council may authorize negotiation of a price with the
low bidder at no substantial modification of the bid specifications.
(5) Award of contract.
(a) Authority of purchasing officer. The purchasing officer shall have the
authority to recommend award of contracts to the city manager for council
action.
(b) Lowest fully responsive and responsible bidder. Contracts shall be awarded
to the lowest fully responsive and responsible bidder. In determining "low-
est fully responsive and responsible bidder," in addition to price, city
officials may consider;
I. The ability, capacity and skill of the bidder to perform the contract or
provide the service required.
2. Whither the bidder can perform the contract or provide the service
promptly or within the time specified, without delay interference.
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3. The character, integrity, reputation, judgment, experience and efficien-
cy 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 contractu-
al 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 subsection (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. 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 9-38.
(7) Bidders list. The purchasing officer shall also solicit sealed bids from all
responsible prospective suppliers whp 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 a proposed purchase. In•any case, invitations sent to the vendors
on the bidd.,. 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. I
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SECTION 5: Section 9-38 of the Tamarac City Code shall be
amended to read as follows:
Any item not required by Section 9-35 to be the subject of
bidding and not required by the Council to be bid or where the cost is
between $2,001 and $5,000 and bidding has been waived by Council, shall
be purchased or sold in the open market without newspaper advertisement
and without observing the procedures prescribed by Section 9-37 above for
the awards of formal contracts.
(1) Notice inviting bids. The purchasing officer may 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.
(2) Recording. The purchasing officer shall keep 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 (2) 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
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to exceed two hundred dollars ($200.00) or as may be
amended by resolution of the city council.
SECTION 5: Specific authority is hereby granted to codify
Sections 2, 3 and 4 of this ordinance.
SECTION 6: All ordinances or parts of ordinances in conflict
herewith are hereby repealed to the extent of such conflict.
SECTION 7: Should any section or provision of this Ordinance
or any portion thereof, or any paragraph, sentence or word be declared by
a Court of competent jurisdiction to be invalid, such decision shall not
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affect the validity of the remainder hereof as a whole or any part
hereof, other than the part declared to be invalid.
SECTION 8: This Ordinance shall become effective immediately
upon its final passage or as otherwise provided by law.
PASSED FIRST READING thisay of , 1982.
PASSED SECOND READING thisZJ�±day of �J 1982.
ATTEST:
I HEREBY CERTIFY that I have
approved the form and correctness
of this ORDINANCE
TITY ATTORNEY
MAYOR.
DISTRICT
DISTRICT
DISTRICT
DISTRICT
RECORD OF COUNCIL VOTE
G.