HomeMy WebLinkAboutO-91-16ORDINANCE NO.: 0-91-16
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, RELATING TO BID,
PAYMENT AND PERFORMANCE BONDS; REQUIRING BID
BONDS FOR BIDS IN EXCESS OF $100,000;
PROVIDING FOR WAIVER OF CERTAIN BID BONDS FOR
GOOD CAUSE; REQUIRING PAYMENT AND PERFORMANCE
BONDS FOR CONTRACTS IN EXCESS OF $100,000;
PROVIDING FOR WAIVER OF CERTAIN PAYMENT AND
PERFORMANCE BONDS FOR GOOD CAUSE; PROVIDING
FOR THE REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
INCLUSION IN THE CODE OF ORDINANCES OF THE
CITY OF SEBASTIAN; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Code of Ordinances of the City of Sebastian
currently provides that bid, payment and performance bonds may be
required at the discretion of the City Manager; and
WHEREAS, Florida general law requires bonds for contracts in
excess of $100,000 and provides that bonds for contracts with local
governments of less than $200,000 may be waived by local
governments; and
WHEREAS, the City Council for the City of Sebastian, Indian
River County, Florida, has determined that it is in the best
interests of the City of Sebastian to require bonds for bids and
contracts in excess of $100,000 and to provide for the waiver of
said bonds for bids or contracts which are more than $100,000 but
less than $200,000.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. Paragraph (b) of Section 2-64 of the Code of
Ordinances of the City of Sebastian, Florida, is hereby amended in
its entirety to provide as follows:
"(b) Bid bonds. Bid bonds shall be required
on all bids of" more than $100,000. The bid
bond required under this paragraph shall be
included in the bid specifications. Notwith-
standin9 the foregoing, the city council may,
upon written application made prior to the
time for submitting bids, for 9ood cause
shown, waive the bid bond required hereunder
for bids of more than $100,000 but less than
$200,000. Unsuccessful bidders shall be
entitled to a return of surety after final
action. A successful bidder shall forfeit any
surety required hereunder upon failure on his
part to enter a contract within ten (10) days
after receipt of a proposed contract from the
city, unless such time period is extended by
the city."
Section 2. Paragraph (i) of Section 2-64 of the Code of
Ordinances of the City of Sebastian, Florida, is hereby amended in
its entirety to provide as follows:
"(l) Payment and performance bonds. Any
person entering into a formal contract of more
than $100,000 with the city shall be required,
before commencin9 work under said contract, to
execute and deliver to the city a payment and
performance bond with a surety insurer
authorized to do business in the State of
Florida as surety and acceptable to the city.
The bond required under this paragraph shall
be included in the bid specifications.
Notwithstanding the fore-going, the city
council may, upon written application made
prior to the time for entering a contract, for
9ood cause shown, waive the payment and
performance bond required hereunder for
contracts of more than $100,000 but less than
$200,000."
Section 3. CONFLICT. Ail ordinances or parts of ordinances
in conflict herewith are hereby repealed.
Section 4. CODIFICATION. It is the intention of the City
Council of the City of Sebastian, Indian River County, Florida,
and it is hereby provided that the provisions of this Ordinance
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shall become and be made a part of the Code of Ordinances of the
City of Sebastian, Florida; that the sections of this Ordinance
may be renumbered or relettered to accomplish such intention; and
the word "Ordinance" may be changed to "Section," "Article" or
other appropriate designations.
Section 5. SEVERABILITY. In the event a court of competent
jurisdiction shall hold or determine that any part of this
Ordinance is invalid or unconstitutional, the remainder of the
Ordinance shall not be affected and it shall be presumed that the
City Council of the City of Sebastian did not intend to enact such
invalid or unconstitutional provision. It shall further be assumed
that the City Council would have enacted the remainder of this
Ordinance without such invalid and unconstitutional provision,
thereby causing said remainder to remain in full force and effect.
Section 6. EFFECTIVE DATE. This Ordinance shall become
effective immediately upon its adoption.
The foregoing Ordinance was moved for adoption by Councilman
~~. . The motion was seconded by Councilman
,~L and, upon being put into a vote, the vote was
as follows:
Mayor W.E. Conyers
Vice-Mayor Frank Oberbeck
Councilman Peter R. Holyk
Councilman Lonnie R. Powell
Councilman George R. Reid ~ ..
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The Mayor thereupon declared this Ordinance duly passed and
ATTEST:
K~athryn ~. O'Halloran,
CMC/AAE, City Clerk
CITY OF SEBASTIAN, FLORIDA
(SEAL)
I HEREBY CERTIFY that notice of public hearing on this
Ordinance was published in the Vero Beach Press Journal as required
by State Statute, that one public hearing was held on this
Ordinance at 7:00 p.m. on the ~ day of ~6c4%-~ , 1991,
and that following said public hearing this o~dinance was passed
by the City Council.
~athryn~M. 0 ' Hali0ran,
CMC/AAE, City Clerk
Approvals to Form and Content:
//~-
~les/I~n Na~i
City Attorney