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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1996-0011 Temp. Ord. #1749 erydfgdfgdfgdfg March 29, 1996 Rev. #1: April 12, 1996 Rev. #2: April 16, 1996 Rev. #3: April 18, 1996 Rev. #4: April 19, 1996 Rev. #5: April 22, 1996 Rev. #6: April 30, 1996 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 96- I AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AMENDING CHAPTER 6, OF THE TAMARAC CODE, ENTITLED "FINANCE AND TAXATION", ARTICLE V, ENTITLED "PURCHASING PROCEDURES", AMENDING SECTION 6-141, "DEFINITIONS", DELETING DEFINITION FOR "CHIEF ADMINISTRATOR" AND REVISING DEFINITION FOR "REQUEST FOR PROPOSALS"; AMENDING SECTION 6-146, "SCOPE OF PURCHASING AUTHORITY" ADDING SUBSECTION (C)(19) ADDING AUTHORITY FOR SOLICITING VENDOR QUALIFICATIONS; DELETING SECTION 6-147, "WHEN COMPETITIVE BIDDING REQUIRED"; AMENDING SECTION 6-149, "FORMAL CONTRACT PROCEDURE", REVISING PROCEDURES FOR COMPETITIVE SEALED BIDDING, ADDING PROCEDURES FOR COMPETITIVE SEALED PROPOSALS, PROVIDING FOR ADHERENCE TO STATE LAW; AMENDING SECTION 6-150, "OPEN MARKET PROCEDURE" TO CONFORM WITH DELETION OF SECTION 6-147; AMENDING SECTION 6-151, "EXCEPTION TO BID REQUIREMENTS", CLARIFYING WHEN COMPETITIVE BIDS AND COMPETITIVE PROPOSALS ARE NOT REQUIRED; DELETING SUBSECTION (4) "WHEN USE OF COMPETITIVE SEALED BIDDING NOT PRACTICABLE"; AMENDING SECTION 6-155, "WAIVER OF FORMAL CONTRACT PROCEDURE" TO CONFORM WITH REVISIONS TO SECTION 6-149, TO REFLECT CHANGES TO FLORIDA STATUTES, AND TO ADD AUTHORITY TO CONTRACT WITH CODING: Words in strae't timugh type are deletions from existing law; Words in underscored type are additions. 1 2 Temp. Ord. #1749 March 29, 1996 Rev. #1: April 12, 1996 Rev. #2: April 16, 1996 Rev. #3: April 18, 1996 Rev. #4: April 19, 1996 Rev. #5: April 22, 1996 Rev. #6: April 30, 1996 OTHER GOVERNMENTAL AGENCIES; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Tamarac has deemed it to be in the best interest of the citizens and residents of the City of Tamarac, to clarify the purchasing ordinances and to clarify the methods by which competitive sealed proposals may be used as an alternative to competitive sealed bidding. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the foregoing whereas clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. SECTION 2: That Section 6-141, "Definitions" is hereby amended as follows: Request for proposals means a written solicitation for competitive sealed proposals with CODING: Words in stfuek thFeugh type are deletions from existing law; Words in underscored type are additions. 1 u 11 3 Temp. Ord. #1749 March 29, 1996 Rev. #1: April 12, 1996 Rev. #2: April 16, 1996 Rev. #3: April 18, 1996 Rev. #4: April 19, 1996 Rev. #5: April 22, 1996 Rev. #6: April 30, 1996 the title, date, and hour of the public opening designated. The request for proposals is used when it is impractical for the agency to define the scope of work for which the commodity, group of commodities, or contractual service is required and when the agency is requesting that a qualified offeror propose a commodity, group of commodities, or contractual service to meet the specifications of the solicitation document. A request for proposals includes, but is not limited to, general information, applicable laws and rules, functional or general specifications, statement of work, proposal instructions, and evaluation criteria. Requests for proposals shall state the relative importance of price and any other evaluation criteria. If -the -agency conternglates renewal i ie r contractual services contEggi.it shalld in the request for proposals. The proposal shall include the priceAor_each-Mr for which-t contract may be renewed. 5F jION 3: That Section 6-146, "Scope of purchasing authority" is hereby amended as follows: Sec. 6-146. Scope of purchasing authority. (c) In addition to the purchasing authority conferred in subsection (a) above, and in additions to any other powers and duties conferred by this article, purchasing officer shall: (18) 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 eouneil commission, city manager and city attorney may make their own travel arrangements. LM ave the ,a, thor' y to solicit vendors to submit their qualifications and state their intergat in„performing a specific job or service. CODING: Words in struek thFoug# type are deletions from existing law; Words in underscored type are additions. 4 Temp. Ord. #1749 March 29, 1996 Rev. #1: April 12, 1996 Rev. #2: April 16, 1996 Rev. #3: April 18, 1996 Rev. #4: April 19, 1996 Rev. #5: April 22, 1996 Rev. #6: April 30, 1996 SECTION 4� That Section 6-147, "When competitive bidding required" is hereby deleted. I That Section 6-149, "Formal contract procedure" is hereby amended as follows: Sec. 6-149. . Purchasing procedures. -• - provided - 1 dollar amgunj� in exceof- . • •• 1 111 11 be awarded -through th- - . Ua ComD&Utive sealed . • W When reguired. All contracts for the 12urchase gf ggpital eqUipMpnt,and for improvement and construction contracts of goy type, available from more than one (1) source that cannot be performed with city personnel shall_b& entered into after competitive bidding. The eeuneil_commissi4n may authorizes bidding for any item not required to be the subject of bidding_ All items required to be the subject of competitive bidding, or when the bidding process is determined by the city eouneil commit ion to be the purchasing format to be followed, shall be purchased by ferrmal written contract from the lowest fully responsive and responsible bidder after two (2) public notices inviting prope bids. The eentFeet Pffleedulre is as fellowst (42) Advertisement forbids. 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 city eouneiil commission to be the purchasing format to be followed, notice thereof shall be advertised at least two (2) times in CODING: Words in straekthFeugh type are deletions from existing law; Words in underscored type are additions. 5 Temp. Ord. #1749 March 29, 1996 Rev. #1: April 12, 1996 Rev. #2: April 16, 1996 Rev. #3: April 18, 1996 Rev. #4: April 19, 1996 Rev. #5: April 22, 1996 Rev. #6: April 30, 1996 a daily newspaper of general city circulation, calling for sealed bids upon the work to be done under the proposed contract. Uids for any city construction projectthat is projected to cost mgrethan dollars 2 0 0 forth in I 1 5. (12,J) Bid deposits. (34) Bid opening procedure. (45) Rejection of bids. The purchasing officer upon consultation with the affected Department Director( shall have the authority to recommend to the city manager for city eauneil commission action the rejection of all bids, parts of bids or all bids for any one (1) 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 monies due the city. The city eouneil commission reserves the right to reject all bids or parts of bids for any one (1) or more supplies or contractual services included in the proposed contract when the public interest will be served thereby. If a bid or part of a bid is rejected, the eeuneil commission may authorize negotiation of a price with the low bidder at no substantial modification of the bid specifications. (56) Award of contract. CODING: Words in stfuelt threagh type are deletions from existing law; Words in underscored type are additions. 1 1 1 6 Temp. Ord. #1749 March 29, 1996 Rev. #1: April 12, 1996 Rev. #2: April 16, 1996 Rev. #3: April 18, 1996 Rev. #4: April 19, 1996 Rev. #5: April 22, 1996 Rev. #6: April 30, 1996 a. The purchasing officer shall have the authority to recommend award of contracts to the city manager for city eouneil commission action. d. Tie bids. 2. Where item (58) d.1. is not in effect, the city eauneil commission shall award the contract to tie bidders by splitting the contract when it is to the city's advantage. (6Z) Prohibition against subdivision. (78) Bidders list. (8% No bids received. If no bids for contractual services or supplies are received, the city eeuneil commission may authorize the city manager or any employee designated by him to negotiate with companies or firms which provide the services or supplies sought. X. Competitive sealed pLQop sals. CODING: Words in Neagh type are deletions from existing law; Words in underscored type are additions. Temp. Ord. #1749 March 29, 1996 Rev. #1: April 12, 1996 Rev. #2: April 16, 1996 Rev. #3: April 18, 1996 Rev. #4: April 19, 1996 Rev. #5: April 22, 1996 Rev. #6: April 30, 1996 Whga rpquired. Vyhen lhg pUrchasingdetermines-in the use _of_comgetitive healed bidding is not practicable. commodities _or contractual II be procured by competitivesealed ro osals. A request for proposals shall be iss includes statement of the commodities or contractual services sought and all ggatractu@l 1prms and conditions applicable to the procurement of commodities_ or_cQrltr al sc[migm including the criteria, which shall include. but need not be limited to, price, to_b& used in determining acceptability of the proposal. Q Request forpLQposals. Proposals Ehall be, solicited 1hrough a request for proposals. LZ Advertisi2menUorl2rol2osals, Nglice of the request for proposals shall be advertised at legstw. (2) times in . dailynewspaper of general galliag for Egaled proggspl� uQon the work to be done under the proposed contrad. The first Wirm �hall be gublished at least ten (10) days prior to the bid opening date. The second notice shall be publishgd ng sogngr thgn five days after the initial notice publication. Prgposals for any city construction project that . �cted to cQstMgM than two hundred thousand dollars ($200,000.00) shall .- advertisedas-set•1 .. ,(41 Proposal !2RP2ingRrocedure. The opening of competitive sealed proposals shall be in the same manner as set forth for the opening of competitive sealed bids. L51 Evalua&a of 2roj2Qjals. Proposals shall be evaluated based on price and the evaluatloncriteria o forth in f r prgpQ5als. F r proposals which include a price for each year the contract may be renewPd, evaluation of proposals shall include consideration of the total cost for each vear as auoted by the offeror. . .. . .:10M - . - . - - . . - mr- jl! CODING: Words in stfuel(thFeugh type are deletions from existing law; Words in underscored type are additions. 8 Temp. Ord. #1749 March 29, 1996 Rev. #1: April 12, 1996 Rev. #2: April 16, 1996 Rev. #3: April 18, 1996 Rev. #4: April 19, 1996 Rev. #5: April 22, 1996 Rev. #6: April 30, 1996 resposiveness to theli itati n requirements. i i n may be conducted with i r r. The ff r r hall b fir and equal treatment riot to f ified in therequest for proposalsto any opportunity-for-discussionrevi5ion of proposals. M Award of contract The award -made to the responsible off r whose proposal is rmin in writing advantageous o the cily, taking into consideration the price and other criteria set forth in the reguest for 12ropQs@15. The i reserves the right to waive n i' h p[onosal procedure and to award the proposal in the best int_erp5( of the ri y_ SECTION 6: That Section 6-150, "Open market procedure" is hereby amended as follows: Sec. 6-160. Open market procedure. Any item not required by section 6 14:7 6 149 to be the subject of bidding compplitive sealed bids gr proposals and not required by the city eouneil commission to be bid, 94aff rn( be purchased or sold in the open market without newspaper advertisement and without observing the procedures prescribed by section 6-149 for the awards of fefmaf contracts. (3) Petty cash. The city manager shall promulgate rules and regulations governing petty cash purchases in an amount not to exceed two hundred dollars ($200.00) or as may be amended by resolution of the city eouneil commission. SE,(;TlQN 7: That Section 6-151, "Exceptions to bid requirements" is hereby amended as follows: CODING: Words in Neagh type are deletions from existing law; Words in underscored type are additions. 1 u P 9 Temp. Ord. #1749 March 29, 1996 Rev. #1: April 12, 1996 Rev. #2: April 16, 1996 Rev. #3: April 18, 1996 Rev. #4: April 19, 1996 Rev. #5: April 22, 1996 Rev. #6: April 30, 1996 Sec. 6-151. Exception to bid and proposal requirements. G* The following situations are exempted from the competitive bid and competitive proposal requirements of this article: (1) Emergency purchases. a. "Emergency" as used in this subsection means circumstances which may require immediate action for the protection of the safety, health and welfare of the community or any segment thereof. This includes but is not limited to emergencies caused by acts of God, water and wastewater system breakdowns, and police and fire equipment breakdowns. b. The city manager is authorized to determine if an emergency exists. If an emergency does exist, the manager shall authorize emergency expenditures for the procurement or leasing of supplies, equipment and services necessary to meet the city's needs as a result of the emergency. The manager shall endeavor to secure proposals for these supplies, equipment or services from at least two (2) separate sources. Such emergency expenditures shall not involve a cost in excess of one and one-half (1 1/2) percent of the then current budget. C. The g& manager shall make a report to the city eouneil commission (in writing or at a city eeuneil commission meeting) no later than three (3) working days after his determination that the emergency situation has been stabilized and that no further emergency expenditures are required. At the next regular meeting of the eauneil commission, the manager shall make a full disclosure of all emergency expenditures made pursuant to this CODING: Words in struelt threagh type are deletions from existing law; Words in underscored type are additions. 10 Temp. Ord. #1749 March 29, 1996 Rev. #1: April 12, 1996 Rev. #2: April 16, 1996 Rev. #3: April 18, 1996 Rev. #4: April 19, 1996 Rev. #5: April 22, 1996 Rev. #6: April 30, 1996 section. (2) Professional services. Contracts for the services of professionals, including but not limited to architects, engineers, surveyors and attorneys, may, with the approval of the city eeuneit commission be entered into without public competitive bidding or proposals. sals. Qualifications, work history and other relevant data shall be reviewed before entering into such contracts. However, all applicable state laws, such as the F.S. section 287.055, Itg Consultants' Competitive Negotiation Act, shall be followed. (3) Noncompetitive supplies. Noncompetitive supplies, available from only one (1) source, such as unique, patented or franchised supplies, are exempt; however, such purchases in excess of ten thousand dollars ($10,000.00) require a #efrnal written contract approved by the city eouneil commission. WA CODING: Words in dough type are deletions from existing law; Words in underscored type are additions. 1 11 Temp. Ord. #1749 March 29, 1996 Rev. #1: April 12, 1996 Rev. #2: April 16, 1996 Rev. #3: April 18, 1996 Rev. #4: April 19, 1996 Rev. #5: April 22, 1996 Rev. #6: April 30, 1996 SECTION 8: That Section 6-155, "Waiver of formal contract procedure" is hereby amended as follows: Sec. 6-165. Waiver of formal ___ purchasing procedures. The purchasing officer may procure, without following fermal eent purchasing procedures as set forth in secfiorn6-149__gf this adicle, all supplies, materials and equipment which are the subject of contracts with the state as set forth in F.S. section 287.951 287.042, of with the United States Government, gr wilb o1ber governmeotaln i s. SECTION 9: That Section 6-156, "Change orders" is hereby amended as follows: Sec. 6-156. Change orders (c) All other change orders must be formally approved by the city e0uneit commission before work may be authorized to begin ; and no claim against the city of extra work in furtherance of such change order shall be allowed unless prior approval has been obtained, notwithstanding any other provision, contractual or otherwise. CODING: Words in straekthFeUgh type are deletions from existing law; Words in underscored type are additions. 1 1 1-1 12 Temp. Ord. #1749 March 29, 1996 Rev. #1: April 12, 1996 Rev. #2: April 16, 1996 Rev. #3: April 18, 1996 Rev. #4: April 19, 1996 Rev. #5: April 22, 1996 Rev. #6: April 30, 1996 SECTION 14- It is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Tamarac, Florida, and that the Sections of this Ordinance may be renumbered, relettered and the word "Ordinance" may be changed to "Section", "Article" or such other word or phrase in order to accomplish such intention. SECTION 11: All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 12: If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given affect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. CODING: Words in stfuelt thmeigh type are deletions from existing law; Words in underscored type are additions. 1.1 1-1 1 SECTION 13: passage and adoption. 13 Temp. Ord. #1749 March 29, 1996 Rev. #1: April 12, 1996 Rev. #2: April 16, 1996 Rev. #3: April 18, 1996 Rev. #4: April 19, 1996 Rev. #5: April 22, 1996 Rev. #6: April 30, 1996 This Ordinance shall become effective immediately upon its PASSED, FIRST READING this PASSED, SECOND READING this ATTEST: AROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have approved this OfW[NANCE-as to f MITC-HELL S`'KI CITY ATTORN (c:\userdata\wpdata\ord\l 749. ms) day of /� ,p r'i I , 1996. g day of r %MQ.y , 1996. MAYOR DIST.1: DIST. 2: DIST. 3: DIST. 4: *ORMANBRAMOWITZ MAYOR twr mn OF COMMISSION VOTE CODING: Words in streiekthmugh type are deletions from existing law; Words in underscored type are additions.