The URL can be used to link to this page

Home My WebLink AboutCity of Tamarac Ordinance O-2010-003Temp. Ord#2187 February 22, 2010 Page 1 of S CITY OF TAMARAC, FLORIDA ORDINANCE NO. O-2010- 3 AN ORDINANCE OF THE CITY OF TAMARAC, FLORIDA, SUBMITTING TO REFERENDUM AN AMENDMENT TO THE CHARTER OF THE CITY OF TAMARAC AT ARTICLE VII, ENTITLED "FINANCIAL PROCEDURES," AND IN PARTICULAR AMENDING SECTION 7.11 ENTITLED "REQUIREMENTS FOR PUBLIC BIDDING"; PROVIDING THAT THE CITY COMMISSION SHALL ESTABLISH BY ORDINANCE A COMPETITIVE SOLICITATION FINANCIAL THRESHOLD FOR PROCUREMENT; PROVIDING THAT THE CITY COMMISSION SHALL ESTABLISH BY ORDINANCE THE ADVERTISING REQUIREMENTS FOR THE SOLICITATION OF COMPETITIVE BIDS, IN ACCORDANCE WITH THE REQUIREMENTS OF THE FLORIDA STATUTES; PROVIDING FOR A NOTICE OF AN ADVERTISEMENT OF THE REFERENDUM ELECTION TO BE PUBLISHED IN ACCORDANCE WITH THE CODE OF ORDINANCES AND THE CHARTER OF THE CITY OF TAMARAC, FLORIDA, AS WELL AS THE STATE OF FLORIDA ELECTION CODE; PROVIDING THAT THIS ORDINANCE, WHEN ADOPTED, SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE CITY OF TAMARAC, ON THE NOVEMBER 2010 GENERAL ELECTION BALLOT AND IT SHALL BECOME EFFECTIVE AS PROVIDED BY LAW; PROVIDING FOR THE PLACE AND PLACES WHERE SAID ELECTION IS TO BE HELD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 166, Florida Statutes, as amended, provides for a methodology of Charter amendments supplementary to and not in conflict with the Charter of the City of Tamarac, Florida; and WHEREAS, Chapter 166, Florida Statutes, as amended, provides that such an amendment may be submitted to a referendum vote by the City Commission of the City of Tamarac, Florida, in an ordinance format; and CODING: Words in steel t�ffottgh type are deletion from existing law; words in underlined type are additions SSG/JGH U:\File\Legislation\Draft Legislation Received\2010\4. Mar 10, 2010\TO2187_(Public_Bidding)_Alt_1FINAL[1].doc Temp. Ord#2187 February 22, 2010 Page 2 of 5 WHEREAS, Article VIII of the Charter of the City of Tamarac requires the creation of a Charter Review Commission ("CRC'), which shall review the municipal charter and recommend to the City Commission such revisions and amendments as the CRC determines to be desirable; and WHEREAS, the CRC has been in session for a period of time as prescribed by the Charter and submitted various proposals for consideration by the City Commission and ultimately by the electors of the City of Tamarac, Florida; and WHEREAS, the CRC has recommended modifications to Article VII, entitled "Financial Procedures," and in particular has recommended the amendment of Section 7.11, entitled "Requirements for Public Bidding;" and WHEREAS, the City Commission has read, reviewed, and publicly considered the recommendations of the CRC and has embraced such recommendations in this Ordinance as required by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: Section 1. 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. Article Vli, entitled "Financial Procedures," shall be revised by amending Section 7.11 entitled "Requirements for Public Bidding" of the Charter of the City of Tamarac, as follows: Section 7.11 Requirements for Public Bidding The City Commission shall establish by ordinance a competitive solicitationfinancial tla:rcshol.d for tlae nroclu-erDclit ot:^„ 0011tr8t0ts t'or the equipment, . rti-etion contracts of any type, available from more than one (1) source, or which cannot be performed with city personnel-v-lrieh--shall-nr d the sum o � sba4l. be conapetifively bid. Unless otherwise provided for in the Citv's C:"ode: of Ordinances, all CODING: Words in strdek thmugh type are deletion from existing law; words in underlined type are additions SSG/JGH U:\File\Legislation\Draft Legislation Received\2010\4. Mar 10, 2010\TO2187_(Public_Bidding)_Alt-1—FINAL[l].doc Temp. Ord#2187 February 22, 2010 Page 3 of 5 contracts in excess of the financial. threshold established by the City C brnmissioli shall be procured. through a con ctit:ive solicitat:ic�n_proceas. The Citv Commission shall establish by ordinance the advertisilag __ W � o 1-e�IuirelTle�nts for the solicitations of competitive bids, in accordance with ............. . the requirements of the Florida Statutes. as may be amended :from time to �- �- „� time.�A.S7IIZIILl. � 7 11 appeaf n 4 leas'. !1\y newspaper 3 s eeond. iietiee e- mNis l the Each invitation for bid shall contain an acceptance clause granting the city a minimum of thirty (30) days for bid acceptance, during which time the tendered bid shall remain valid. Section 3. The Ballot Title shall be as follows: PROCUREMENT REQUIRING A COMPETITIVE PROCESS AND ADVERTISING REQUIREMENTS FOR THE SOLICITATION OF COMPETITIVE BIDS Section 4, At the General Municipal Election on November 2, 2010, the following question shall be placed on the ballot for consideration by the qualified electors of the City of Tamarac, Florida, and shall read as follows: The Charter requires that the solicitation for bids for the purchase of capital equipment and all contracts over $25,000 be advertised in at least one daily newspaper of general circulation. Shall the Charter be amended to allow the Commission to set the financial threshold for requiring the procurement of contracts through a competitive process and to establish the advertising requirements, which may include online advertising, in accordance with the requirements of Florida law? YES ❑ NO ❑ Section 5. Advertisement. The City Clerk of the City of Tamarac is hereby authorized and directed to advertise CODING: Words in sk h1wough type are deletion from existing law; words in underlined type are additions SSG/JGH U:\File\Legislation\Draft Legislation Received\2010\4. Mar 10, 2010\TO21$7_(Public Bidding) Alt_1 FINAL[1].doc Temp. Ord#2187 February 22, 2010 Page 4 of 5 the referendum election contemplated herein all in accordance with the Code of Ordinances of the City of Tamarac, Florida, as well as the State of Florida Election Code. Section 6. Codification. It is the intention of the City Commission of the City of Tamarac 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, re -lettered and the word "Ordinance" may be changed to "Section," "Article," or such other word or phrase in order to accomplish such intention. Section 7. Severability. If any clause, section, or other part of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and in no way affecting the validity of the other provisions of this Ordinance. Section 8. Conflicts. All Ordinances or parts of Ordinances, Resolutions, or parts of Resolutions in conflict herewith, be and the same are hereby repealed to the extent of such conflict. Section 9. Effective Date. This Ordinance shall take effect immediately upon its adoption. THE REST OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK. CODING: Words in dough type are deletion from existing law; words in underlined type are additions SSG/JGH UAFile\Legislation\Draft Legislation Receive&2010\4. Mar 10, 2010\T02187 (Publi(; Bidding) Alt 1 FINAL[1].doc 1 1 Temp. Ord#2187 February 22, 2010 Page 5 of 5 PASSED, FIRST READING this day of 2010. PASSED, SECOND READING this/d day of 2010. .ATTEST: MARION SWENSON, CMC CITY ,CLERK I HEREBY CERTIFY that I have approved this ORDINANCE as to form: 07t, jet'� nt SAMUEL S. REN CITY ATTORNEY U. •► C r i �C - • RECORD OF COMMISSION VOTE: 115T Reading MAYOR TA.LABISCO DIST 1: COMM BUSHNELL DIST 2: COMM ATKINS-GRAD DIST 3: COMM. GLASSER t � DIST 4: V/M. DRESSLER -� RECORD OF COMMISSION VOTE: 2ND Reading MAYOR TALABISCO f/ - DIST 1: COMM BUSHNELL DIST 2: COMM ATKINS-GRAD DIST 3: COMM. GLASSER DIST 4: V/M. DRESSLER CODING: Words in sti-dek through type are deletion from existing law; words in underlined type are additions SSG/JGH U:\File\Legislation\Draft Legislation Received\2010\4. Mar 10, 2010\T02187_(Puhlic_Bidding)_A1t_l FINAL[1,1.doc