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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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SECTION 13:
passage and adoption.
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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.