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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1982-0181 2 3 7 E 10 11 22 13 14 15 16 1' J� 20 21 22 23 24 25 ?r-, 0 31 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. 35 36 ■ 1 2 3 23 24 zs 26 27 28 129 I0 31 32 33 34 35 36 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. 2. 1 2 3 0 7 9 10 12 13 14 6 7 19 20 21 22 1 25 26 27 28 ,29 0 31 34 35 36 (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. as' 1 2 3 7 8 9 i A. 12 13 14 15 16 1' 19 20 21 22 1 25 26 27 28 29 1. 34 35 36 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 1 2 3 6 7 8 10 11 12 13 14 15 16 1' I., 20 21 22 23 24 25 121 J 31 32 34 35 36 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 r 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 5. 1 2 3 6 7 8 10 11 12 13 14 15 16 7 is 20 21 22 23 24 25 ?.0,; 21 31 32 3! 3E 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.