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Home My WebLink AboutO-83-12ORDINANCE NO. ~) -~ 3-1 ~ AN ORDINANCE AMENDING SECTION 2-63 OF THE CODE OF ORDINANCES BY INCREASING MAYOR'S AUTHORITY TO MAKE PURCHASES WITHOUT BID UP TO $2,000.00 AND CLARIFYING PURCHASING PROCEDURES; CREATING SEC. 2-64 OF THE CODE BY SETTING FORTH BIDDING PROCEDURES; ADOPTING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Council has determined to update and clarify its purchasing and bidding regulations. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AS FOLLOWS: SECTION I. That Section 2-63 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 2-63. Purchasing. A. Cost of Two Thousand Dollars or Less. Except as otherwise provided by Florida Statutes, the Mayor and any Department Head is granted authority to purchase or contract for supplies, materials, equipment, or services cost- ing two thousand dollars or less for the City after taking such action as the Mayor shall deem necessary to obtain the best price for the City. Any such purchases or contract may be executed by the Mayor in the name of the City without Council action, although copies of any such contracts shall be available to the Council for inspection. B. Cost in Excess of Two Thousand Dollars. Any City contract for purchases of supplies, materials, equipment or services costing more than two thousand dollars shall be executed by a written integrated contract in the name of the City of Sebastian, signed by the Mayor and the City Clerk, and approved as to form and legal sufficiency by the City Attorney. Any purported contract not so executed shall be void ab initio and shall have no force and effect whatso- ever. Ail contracts shall be awarded to the lowest responsible bidder after due notice inviting proposals. In an emergency, notwithstanding any requirement to the contrary, a contract for purchase of parts or repairs to then~existing City e~uip~ ment or machinery may be purchased or contracted for by the Mayor in his capacity as Chief Executive Officer without public notice and competitive bidding providing the contract price does not exceed twenty thousand dollars~ C. Prohibition Against Subdivision. No contract or purchase shall be subdivided to avoid the requirements of this Section. D. NOt 'tO E'Xc'eed Bu'dqet Appropriations. No purchase or contract shall be made in excess of the amounts allocated from the general fund for the general classification of expenditures in the budget for the then current budget year. No expense of a special fund shall exceed the amount of funds available to that fund. SECTION II. That the Code of Ordinances, City of Sebastian, Florida, is hereby amended by adding a section, to be numbered 2-64, which said section shall read as foll~Ows: Sec. 2-64. Bidding ProcedUres. A. ~. Notice Inviting Bids. 1) Newspaper. A Notice of Invitation to Bid shall be published once in at least one newspaper of gen- eral circulation in the City at least ten days before the closing date set for the receipt of bids, The newspaper notice shall include a general description of the items or services to be pur- chased or sold, the location where bid forms and specifications may be secured, and th~ time and place for submitting and 6pening bids~ 2) "..'gthe~r'i'Bidde~s, In addition to the newspaper solici~a~i0nS~he'Mayor may solicit bids from any responsible prospective bidders. B, Bid''Bonds, When deemed necessary by the Mayor bid bonds shall ~'prescribed in the public bid notice. Unsuccessful bidders shall be entitled to return of surety after final action. A successful bidder shall forfeit any surety required by the Mayor 'upon failure on his part to enter a contract within ten days after receipt of a proposed contract from the City unless extended by the City. C. Bid Opening procedure. 1) Sealed. Bids shall be submitted to the City Clerk sealed and shall be identified as bids on the envelope. 2) Opening. Bids shall be opened in public at t~--~me and place stated in the public notices. 3) Tabulation° A tabulation of all bids received shall be available for public inspection. D. ~e~ection of Bids. The City Council shall have the authority to reject any or all bids, parts of any or all bids, or any 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. Further, after rejection of all bids, the City Council may republish for new bids. The Mayor shall have this same authority with respect to bids for contracts under two thousand dollars. E. Bidders in Default to City. The City Council may reject the bid of a contractor who is in default on the payment of City taxes, licenses, or other monies due the City. The Mayor shall have this same authority with respect to bids for contracts under two thousand dollars. F. Lowest Responsible Bidder. Contracts shall be awarded to the lowest responsible bidder. In determining "lowest responsible bidder"~ the City Council shall consider: 1) The price; 2) The ability, capacity, and skill of the bidder to perform the contract or provide the service required; 3) Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference; 4) The character, integrity, reputation, judgment experience, and efficiency of the bidder. 5) The qualify of performance of previous contracts or services; 6) The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service; 7) The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service; 8) The quality, availability, and adaptability of the supplies, or contractual services to the particular use required. 9) The ability of the bidder to provide future maintenance and service for the use of the subject of the contract; 10) The number and scope of conditions or exceptions attached to the bid; and 11) The percentage of the contract the bidder intends to perform himself. G. Award to Other Than Low Bidder. When the award is not given to the lowest bidder a statement of the reasons for placing the order elsewhere shall be prepared and filed with the other papers relating to the transaction. H. Tie Bids. 1) Local Vendors. If the lowest responsible bids r'~eived are for the same total amount or unit price, quality and service being equal, the contract shall be awarded to the local vendor. 2) Non-Local Vendors. Where subsection 1 is not in effe~ and there is a tie Bid, the Mayor shall award the contract to one of the tie bidders by drawing lots in public. Such drawing shall be witnessed by the City Clerk. I. P~yment and Performance Bonds. The Mayor shall have the authority to require a payment and performance bond before entering a contract in such amount as he shall find reasonably necessary to protect the best interests of the City. Any requirement under this section shall be in- cluded in the bid specifications. See Section 255.05 F.S~ J. Waiver of Bidding Procedures° The City Council may waive or modify the bidding procedure on specific contracts for good cause. Bids shall not be required for items that are available as a matter of commercial reasonableness from one source only, or as otherwise authorized by Florida Law. -4- K. Professional Services. Public announcement and qualification procedures, competitive selection, and competi- tive negotiation for professional services of architects, professional engineers, landscape architects, or registered land surveyors shall be as specified in Florida Statutes, Section 287.055, as applicable, as said section exists or may be amended. L. Public Works° Public works contracts as defined in Section 180.24, Florida Statutes, shall be bid in accordance with that section to the extent said section is applicable. SECTION III. This Ordinance shall take effect immediately upon becoming law. SECTION If any section, subsection, sentence, clause, phrase or word of this ordinance is for any reason held unconstitutional or invalid, for any reason, such ruling shall not affect the validity or constitutionality of any of the remaining portions of this ordinance. I HEREBY CERTIFY that the foregoing Ordinance was finally passed by the City Council of the City of Sebastian, Florida, on the /~ ATTEST: C~ty ~Cl~rk I HEREBY CERTIFY that Notice of Public Hearing of the foregoing Ordinance was given in accordance with Section 166.041 of the Florida Statutes, that said public hearing was held in the City Hall of the City of Sebastian, Florida, at ~'Oo P.~, on the 17~ day of ~ , 1983, and that the foregoing Ordinance was duly passed and adopted by the City Council of the City of Sebastian, Florida, on the /7~ day of ~ , 1983. C~ Cl~r~