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Home My WebLink AboutOrdinance 97-10 ORDINANCE NO. 97-10 AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA; ESTABLISHING PURCHASING PROCEDURES; DESIGNATING A PURCHASING AGENT; PROVIDING FOR LIMITATIONS ON PURCHASES; PROVIDING FOR COMPETITIVE BIDDING; ESTABLISHING COMPETITIVE BIDDING AND BID OPENING PROCEDURES; PROVIDING FOR AWARDING OF BIDS; PROVIDING FOR WAIVER OF COMPETITIVE BIDDING; PROVIDING FOR EXEMPTIONS FROM COMPETITIVE BIDDING; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR SEVERABD...ITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. WHEREAS, the City Commission has detennined that purchasing guidelines and procedures are essential elements in the administration of the City's day to day activities; and WHEREAS, the City's Charter requires that contracts for public improvements and purchases of supplies, materials, or services shall be awarded or made on the basis of specifications and competitive bids, except in cases where the City Commission specifically determines that it is impractical to do so; and WHEREAS, the Board hereby detennines that it is impractical to purchase, through competitive bidding, materials, supplies, equipment, improvements or services for which funds are provided in the budget and for which the total amount to be expended is $2,500 or less. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS; PURCHASING PROCEDURES SECTION 1. PURCHASING AGENT. The City Manager or hislher designee shall be the chief purchasing agent of the City. The purchasing agent shall contract for, purchase, store and distribute all supplies, materials and equipment required by any office, department or agency of the City. The purchasing agent shall establish and enforce specifications, inspect or supervise the inspection of all deliveries and have full and complete charge ot: and be responsible for, all supplies, materials, and equipment purchased for or belonging to the City. SECTION 2. PURCHASING LIMITATIONS: COMPETITIVE BIDDING. <A) Purchases less than $2,500. Purchases ot: or contracts for, materials, supplies, equipment, improvements or services for which funds are provided in the budget, where the total amount to be expended is not in excess of $2,500 may be made or entered into by the City Manager without submittal to the City Commission and without competitive bidding. Single purchases or contracts in excess of $2,500 shall not be broken down to amounts less than $2, 500 to avoid the requirements of this section. (B) Purchases more than $2,500 but less than $10,000. Purchases of or contracts for materials, supplies, equipment, improvements or services for which funds are provided in the budget, where the total amount to be expended is in excess of$2,500, but which do not exceed $10,000 may be made or entered into by the City Manager without submittal to the City Commission, but shall require compliance with the competitive bidding requirements set forth in Section 3 of this Ordinance. Single purchases or contracts in excess of $10,000 shall not be broken down to amounts less than $10,000 to avoid the requirements of this section. (C) Purchases in excess of$1O,OOO. The City Commission shall approve all purchases of or contracts for materials, supplies, equipment, public improvements or services where the total amount to be expended is more than $10,000. (0) The City Manager may not purchase or contract for any item or service which exceeds any budget appropriation until such a time the City Commission amends the budget to increase the appropriation to the applicable level. SECTION 3. COMPETITIVE BIDDING PROCEDURE. (A) Whenever competitive bidding is required by this Ordinance, the City Manager shall direct that bid proposals which provide specifications for the purchase or contract be prepared. (B) The City Manager shall solicit bids from at least three persons or entities engaged in the business of furnishing such materials, supplies, equipment and public improvements or rendering such services. (C) The City Manager may publish a public invitation to bid. (0) Bids shall be awarded to the lowest, most responsive, responsible bidder, as determined by the City Commission and! or the City Manager as the case may be, subject to the right of the City to reject any and all bids, to waive any irregularity in the bids or bidding procedures and subject also to the right of the City to award bids and contracts to bidders other than the low bidder. SECTION 4. BID OPENING PROCEDURE: AWARDING OF BIDS. (A) Sealed bids shall be opened by the City Manager or his appointed representative and recorded by the City Manager or his representative on the date and time specified in the bid proposal. (B) Whenever required by the bid proposal, all bid bonds, cash, insurance, checks or other security accompanying the bid shall be received and maintained for safekeeping by the City Manager. The City Manager shall be responsible for the return of the bid bonds, cash, insurance, checks or other security of unsuccessful bidders. ORD97-10 - 2 - (C) Upon completion of the bid opening and reading, all bids received will be deposited with the City Manager for tabulation and/or recommendation to the City Commission. (D) Upon submission of the bid tabulation and recommendation to the City Manager or City Commission, as the case may be, the City Manager or the City Commission shall either accept, reject or refer for additional review the bid tabulation and recommendation. SECTION 5. WAIVER OF COMPETITIVE BIDDING PROCEDURES. The City Commission may, by unanimous vote, waive the competitive bidding procedures outlined in this ordinance if the City Commission determines that it is impractical to do so. SECTION 6. GOVERNMENTAL CONTRACTS. The City Manager is hereby authorized to enter into bids or contracts entered into by another governmental authorities provided that the governmental authority has followed a competitive bidding procedure leading to the award of the bid or contract in question which is substantially similar to the competitive bidding procedure outlined in this Ordinance. SECTION 7. EXEMPTIONS FROM COMPETITIVE BIDDING. The following shall be exempt from the competitive bidding procedures outlined in this ordinance: (A) Transactions described in Section 2(A) of this Ordinance. (B) Contracts for professional services. (C) Other contracts as provided by state law, or, those entered into prior to the enactment of this Ordinance. (D) Purchases arising out of or because of emergencies which shall be defined as a situation, occurrence or matter necessitating immediate or quick action and not permitting adequate time to utilize the competitive bidding process. (E) Under circumstances where time constraints do not permit the preparation of clearly drawn specifications or situations where, after competitive bidding, no bids meeting bid requirements are received, all compliant bids received are too high, or all bids are rejected for failure to meet bid requirements (i.e., bids are non-compliant). (F) Supplies, equipment or services available from a sole source only may be exempted from the bidding requirements of this Ordinance by the City manager upon the filing of a written request by a department head to the City Manager outlining the conditions and circumstances involved. SECTION 8. REPEAL OF CONFLICTING PROVISIONS. All provisions of the Code of Metropolitan Dade County as made applicable to the City by Article VIII, Sections 8.3 of the City Charter which are in conflict with this Ordinance are hereby repealed. ORD97-10 - 3 - SECTION 9. SEVERABILITY. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. SECTION 10. INCLUSION IN THE CODE. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the City of Sunny Isles Beach Code; that the sections of this Ordinance may be renumbered or re-Iettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. SECTION 11. EFFECTIVE DATE. This Ordinance shall be effective ten days after adoption on second reading. SECTION 12. TRANSITION PROVISION. Until a City Manager is employed by the City of Sunny Isles Beach, the City Commission or its designee shall be the chief purchasing agent of the City. Subsequent to hislher employment, Section 1 shall apply. PASSED AND ADOPTED on first reading on the 16th day of October, 997. PASSED AND ADOPTED on second reading this 20111 day of No v r, 1997 ATTESt" ?~1.~.~~~~ , ~f:"";~ .;5 Clerk c.;: ';"-:"\ Cj .: ':'~~~~TO FORM AND LEGAL SUFFICIENCY: ~~ Lynn M. Dannheisser, City Attorney Moved By: Commissioner Kauffman, Seconded By: Commissioner Morrow. The motion was approved by a vote of 5-0 in favor: Mayor David Samson (yes) t/ Vice Mayor Irving Turetsky (yes) t/ Commissioner Lila Kauffman (yes) t/ Commissioner Daniel Iglesias (yes) t/ Commissioner Connie Morrow (yes) t/ (no)_ (no)_ (no)_ (no)_ (no)_ ORD97-10 - 4 -