HomeMy WebLinkAboutOrdinance 2000-101
ORDINANCE NO. 2000- 101
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES
BEACH, FLORIDA; AMENDING ORDINANCE NO. 97-10 WHICH ESTABLISHED
PURCHASING PROCEDURES, TO PROVIDE GENERAL PROVISIONS; TO
PROVIDE FOR A PURCHASING AGENT; TO PROVIDE FOR PURCHASING
LIMITATIONS AND COMPETITIVE BIDDING; TO PROVIDE FOR A
COMPETITIVE BIDDING PROCEDURE FOR PURCHASES UNDER $25,000 AND
PURCHASES OvER $25,000; PROVIDING FOR BID AWARDS, RESPONSmILITY
OF BIDDERS OR OFFERORS; PROVIDING FOR THE EVENT OF ONLY ONE
RESPONSIVE BID; PROVIDING FOR ALL BIDS TO BECOME THE PROPERTY
OF THE CITY; PROVIDING FOR A WAIVER OF COMPETITIVE BIDDING
PROCEDURES; PROVIDING FOR EXEMPTION FROM BIDDING; PROVIDING
FOR CONTRACT ADMINISTRATION; PROVIDING FOR PROTEST
PROCEDURES; PROVIDING FOR ETHICS IN PUBLIC CONTRACTING;
PROVIDING FOR A REPEAL OF CONFLICTING PROVISIONS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission, by Ordinance 97-10 set forth purchasing guidelines and
procedures essential 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 it is
impractical to do so; and
WHEREAS, the City now wishes to amend, clarify and amplify certain provisions of such
ordinance;.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS;
PURCHASING PROCEDURES
ARTICLE 1. GENERAL PROVISIONS
Section 1-1. Purpose. The purpose ofthe Purchasing Procedures of the City of Sunny Isles Beach.
(hereinafter. "Ordinance") is to provide for the fair and equitable treatment of all persons involved in
purchasing by the City.'to maximize the purchasing value of public funds in procurement. and to
provide safeguards for maintaining a procurement system of quality and integrity.
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Section 1-2. Application. This Ordinance applies to contracts for the procurement of suoolies.
services and construction entered into by the City after the effective date of this Ordinance. It shall
apply to every expenditure of public funds by the City for public purchasing irrespective of the
source of the funds. When the procurement involves the expenditure of federal assistance or state
assistance of contract funds. the procurement shall be conducted in accordance with any mandatory
applicable federal law and regulations or state law or regulations. Nothing in this Ordinance shall
prevent the City from complying with the terms and conditions of any grant. gift. or beauest that is
otherwise consistent with law.
Section 1-3. Public Access to Procurement Information. Procurement information shall be in
public record to the extent provided in Chapter 119. Florida Statutes. and shall be available to the
public as provided in such statute.
ARTICLE 2. PURCHASING AGENT.
Section 2-1. Establishment of Purchasing Agent. The City Manager or his/her designee shall be
the chief purchasing agent of the City. Subiect to the terms of this Ordinance. and unless the City
Clerk or City Attorney choose otherwise. the purchasing agent shall contract for, procure or so
process the procurement. purchase, storage and distribution all supplies, materials, aHEl-equipment
and certain contractual services 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 of, and be responsible for, all supplies, materials, and
equipment purchased for or belonging to the City. All expenditures pursuant to this Ordinance shall
conform to the provisions of Section 3.10 ofthe City Charter.
Section 2-1. Unauthorized Purchases. Except as herein provided in this Ordinance. it shall be a
violation of this Ordinance for any City officer. employee. or other person. to order the purchase of.
or make any contract for. materials. supplies or services within the purview ofthis Ordinance. in the
name of or on behalf of the City other than through the Purchasing Agent or a designee of the
purchasing Agent. and the City shall not be bound by any purchase order or contract made contrary
to the provisions herein.
ARTICLE 3. PURCHASING LIMITATIONS: COMPETITIVE BIDDING.
Section 3.1. (A) Purchases less than $2.500. 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 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
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$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 4.1 hereinbelow of this Ordinance. Single purchases or contracts in excess of$1 0,000 shall
not be broken down to amounts less than $10,000 to avoid the requirements of this Section.
(C) Purchases in excess of $10.000. 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.
(D) Purchases in Excess of$25.000. For purchases in excess of$25,000 the City
Commission shall follow the formal provisions contained in Article 4.2 below.
(E) 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.
ARTICLE 4. COMPETITIVE BIDDING PROCEDURE.
Section 4.1 Purchases Under $25.000
(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 offumishing such materials, supplies, equipment and public improvements
or rendering such services.
(C) The City Manager may publish a public invitation to bid items under $25.000.
(D) 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 ofthe City to award bids and contracts to bidders other than the low bidder.
Until a formal contract is executed, the City reserves the right to reject all bids.
Section 4.2 Purchases Over $25.000.
Bids for purchases over $25.000 shall be awarded in the same manner as purchases as set
forth in Section 4.1. except these additional reauirements shall pertain:
(A) Conditions for Use. All contracts with the City in amounts over $25.000 shall
be awarded by comvetitive sealed bidding except as otherwise provided in Article 6. or. as otherwise
approved by City Commission.
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(B) Invitation for Bids. An invitation for bids (including RFPs and RFOs) shall be
issued and shall include specifications and all contractual terms and conditions applicable to the
procurement.
(C) Public Notice. Public notice of the invitation for bids shall be ~iven not less
than 14 calendar days prior to the date set forth in the notice for the opening of bids. Such notice
may be given by publication in a subscription newspaper of general circulation in the City. The
notice shall state the place. date. and time of bid opening. All bids shall be received in the City
Manager's office on. or before. the date and time set forth in the notice.
(D) Bids: Bid Opening.
(1) Sealed Bids will be initialed on the outside of the envelope by
the person receiving the package. the time and date will be stamped
on the envelope which should be marked "IMPORTANT. BID
ENCLOSED." The Bid package will be held in a secure place until
the scheduled time for the Bid Opening.
(2) Bids shall be opened publicly. in the presence of one or more
witnesses. at the time and place designated in the public notice ofthe
invitation for bids. The amount of each bid and such other relevant
information as the City Manager deems appropriate. together with the
name of each bidder. shall be recorded.
(E) Cancellation of Invitations for Bids or Requests for Proposals. An invitation
for bids. or request for proposals. or other solicitation may be cancelled. or any or all bids or
proposals may be rejected in whole. or in part. as may be specified in the solicitation. when it is in
the best interests of the City. The reasons therefor shall be made part of the contract file. Each
solicitation issued by the City shall state that the solicitation may be cancelled and that any bid or
proposal may be rejected. in whole or in part. in the best interests ofthe City. Notice of cancellation
shall be sent to all businesses solicited. The notice shall identify the solicitation. explain the reason
for cancellation and. where appropriate. explain that an opportunity will be given to compete on any
re-solicitation or any future procurement of similar items.
(F) Correction or Withdrawal of Bids; Cancellation of Awards. In general. bids
shall be unconditionally accepted without alteration or correction. except as authorized in this
Ordinance. However. correction or withdrawal of inadvertently erroneous bids before or after bid
opening. or cancellation of awards or contracts based on such bid mistakes. may be permitted. where
appropriate. Mistakes discovered before bid opening may be modified. or the bid may be withdrawn
by written or telegraphic notice received in the office designated in the invitation for bids prior to
time set for bid opening. After bid opening. no changes in bid prices or other provisions of bids
prejudicial to the interest of the City. or fair competition. shall be permitted. In lieu of bid
correction. a low bidder alleging a material mistake of fact may be permitted to withdraw its bid if:
(1) The mistake is clearly evident on the face of the bid document but
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the intended correct bid is not similarly evident: or
(2) The bidder submits evidence which clearly and convincingly
demonstrates that a mistake was made. All decisions to permit the
correction or withdrawal of bids. or to cancel awards or contracts based
on bid mistakes. shall be supported by a written determination made by
the Purchasing Agent.
(3) Notwithstanding the foregoing. the City Commission shall have the
authority to waive any and all irregularities in any and all proposals.
Section 4.3 Award.
(A) All contracts shall be awarded by the City Manager. as stated above. to the lowest
responsible and responsive bidder. In addition to price. there shall be considered the
followin~:
(1) the capacity. ability and skill of the provider to perform the
contract:
(2) whether the provider can perform the contract within the time
specified without delay or interference;
(3) the character. integrity. reputation. iudgment. experience and
efficiency of the provider;
(4) professionallicensure required when service of a skilled nature as
reauired by law to perform such service and/or skill;
(5) the auality of performance ofvrevious contracts;
(6) the previous and existing compliance bv the provider with laws
and ordinances relating to the contract;
(7) the ability of the provider regarding future maintenance and
service for the use ofthe subject ofthe contract;
(8) the City Manager may. by Administrative Order. establish a set
of criteria of a numerical nature that may be utilized in awarding
contracts hereunder.
(B) The contract shall be awarded by the City Manager or the City Commission. as the
case may be. with reasonable promptness by avpropriate written notice to the lowest
resvonsible and responsive bidder whose bid meets the requirements and criteria set forth in
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the invitation for bids.
(C) In the event the lowest. most responsive and responsible bid for a project exceeds
available funds. and the City Commission does not make available additional funds. the City
Manager is authorized. when time or economic considerations lJrec1ude re-solicitation of
bids. to negotiate an adjustment of the bid price as long as the scope of work is not changed
with the lowest. most responsive and reslJonsible bidder. in order to bring the bid within the
amount of available funds. Final negotiation shall be in written form as approved by the City
Manager.
(0) The City retains the right to reject all bids should negotiations fail. This
negotiation may not be used to ascertain the lowest responsive and responsible bid.
(E) Until a formal contract is executed. the City reserves the right to reject all bids.
Section 4.4 Responsibility of Bidders or Offerors.
If a bidder or offeror who otherwise would have been awarded a contract is found non-responsible. a
written determination of non-responsibility. setting forth the basis of the finding shall be prepared by
the City Manager or the Purchasing Agent. Grounds for determination of non-responsibility may
include. but are not limited to. the unreasonable failure of a bidder or offeror to promptly supply
information in connection with an inQuiry with respect to non-responsibility. A copy of the
determination shall be sent promptly to the non-responsible bidder or offeror. The final
determination shall be made part of the contract file and be a public record.
Section 4.5 One Response.
If only one responsive bid or proposal for commodity or contractual service is received. in response
to an Invitation for Bid/Proposal. an award may be made to the single Bidder/Proposer. if the City
Manager finds the price submitted is fair and reasonable. and that other {lrospective bidders had
reasonable opportunity to respond. or there is not adeQuate time for resolicitation. Further. the City
Manager reserves the right. if it is in the best interests of the City. to negotiate with the sole
Bidder/Proposer for the best terms. conditions and price. The City Manager shall document the
reasons that such action is in the best interest of the City. Otherwise. the bid/proposal may be
rejected and:
1. new bids or offers may be solicited;
2. the sole bid/proposal may be rejected.
3. If the City Manager determines in writing that the need for the supply or
service continues. but that the price ofthe one bid/proposal is unreasonable
and there is not time for re-solicitation or re-solicitation would likely be
futile. the procurement may then be conducted under Section 6(0) or Section
6(F). as appropriate.
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Section 4.6
Property of City.
All bids and accompanying documentation received from bidders in response to the invitation to bid
shall become the property of the City and will not be returned to the bidders. In the event of contract
award. all documentation and work product produced as part of the contract shall become the
exclusive property of the City. This subsection is applicable to request for proposal and request for
letter of interest documents. which also become property of the City.
ARTICLE 5 WAIVER OF COMPETITIVE BIDDING PROCEDURES.
The City Commission may authorize the waiver of competitive bidding procedures upon the
recommendation ofthe City Manager that it is in the City's best interest to do so, to obtain goods and
services which cannot be acquired through the normal purchasing process due to insufficient time,
the nature of the goods or services, or other factors. Purchases authorized by waiver process shall be
acquired after conducting a good faith review of available sources and negotiation as to price,
delivery and terms.
SECTION 6. GOVERNMENL\L CONTRl\CTS.
The City Manager is hereby aathorized to enter into bids or eontraets efttered into ey 8ftether
gover:nm.ental am:horities pro':ided that the gO'lemmental am:hority has followed a eempetitiye
bidding procedl:lfe leading to the a'Nard of the bid or eontract in (;f1:lestiofl willeh is s1:lbstantially
similar to the competitive biddiBg procedure outlined iB this Ordiflanee.
ARTICLE 6 EXEMPTIONS FROM COMPETITIVE BIDDING.
The following shall be exempt from the competitive bidding procedures outlined in this
ordinance:
(A) Transactions described in Section 4.1 (A) of this Ordinance.
(B) Contracts for professional services. exc(;:pt for those contracts of more than
$10.000 for professional services governed by Florida Statutes Section 287.055 (the Consultants
Competitive Negotiations Act.
(C) Other contraets as provided by state law, or, those entered iflto prior to the
enaetment of this Ordinance.
(C) Purchases made under state general service administration contracts, federal,
county or other governmental contracts or competitive bids with other governmental agencies.
(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. A written determination of the basis for the
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emergency and for the selection of the particular contractor shall be included in the contract file. As
soon as practicable, a record of each emergency procurement shall be made and shall set forth the
contractor's name, the amount and type of the contract, a listing of the item(s) procured under the
contract, and the identification number of the contract file.
(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, after conducting a good faith review of available sources, a contract may be
awarded without competition when the City Manager or Purchasing Agent determines in writing,
after conducting a good faith review of available sources, that there is only one source for the
required supply, brand, service, or construction item capable of fulfilling the needs of the City. The
City Manager or Purchasing Agent shall conduct negotiations, as appropriate, as to price, delivery,
and terms. A record of sole source procurements shall be available as a public record and shall
identify each purchase order and/or contract.
(G) Exempt Contractual Services and Products. Other exempt contractual services
and products not subject to the competitive procurement requirements of this Code are listed as
follows:
(1) Academic program reVIews or lectures or semInars by
individuals
(2) Artistic services which are original and creative in character
and skill in a recognized field of artistic endeavor such as music.
dance. drama. painting. sculpture and the like. However. contracts
for artistic instructors. coaches and assistants are deemed contractual
services subject to the requirements of competitive procurement.
(3) Performing artists and entertainers as approved by the City
Manager/Purchasing Agent when deemed in the City's best interests.
for the benefit of the citizens of Sunny Isles Beach and the general
public at any City function.
(4) Advertising
(5) Utilities. including but not limited to. electric. water and
telephone
(6) Items purchased for resale to the public
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(H) Competitive prol'osals shall not be required when a purchase is made for
materials. equipment. prefabricated elements and components. appliances. fixtures and supplies.
bought under a sales tax saving procedure constituting part of a construction project award. which
construction contract has been awarded in accordance with this Ordinance.
ARTICLE 7. CONTRACT ADMINISTRATION
(A) A contract administration system designed to ensure that a bidder/offeror/contractor is
performing in accordance with the solicitation under which a contract was awarded and the terms
and conditions of the contract shall be maintained by the City Manager.
(B) All determinations and other written records pertaining to the solicitation. award or
performance of a contract shall be maintained for the City in a contract file by the City Manager and
be retained and disposed of in accordance with the records retention guidelines and schedules
approved by the City Clerk.
ARTICLE 8. PROTEST PROCEDURES
This Article shall govern any protest made by a participant in any competitive process
utilized for the selection of a person or entity in regard to any response to a City Request for
Proposal/Invitation to Bid and/or Request for Qualification ("Request for Proposals").
(A) Protest of any City recommendation for an award in response to a Request for Proposals shall
be filed with the City Clerk and mailed by the protesting to all participants in the competitive process
within seven (7) days of the City's recommendation for an award or the City's actual award
whichever comes first. Such protest shall be in writing. shall state the particular grounds on which it
is based. shall include all pertinent documents and evidence and shall be accompanied by a cashier's
check in the amount of$250.00 to reimburse the City for all administrative costs associated with the
appeal process. Any grounds not stated shall be deemed waived.
(B) Protests shall be referred by the City Clerk to the City Attorney who shall select a hearing
examiner who shall hold a hearing and submit written findings and recommendations within ten (10)
days of the filing of the protest. The hearing examiner shall consider the written protests. supporting
documents in evidence. the City's recommendations and supporting documentation and all evidence
presented at the hearing. Such finding and recommendation shall be filed with the City Clerk.
(C) Hearing examiners may be retired iudges. certified mediators or other impartial parties as
selected by the City Attorney.
(D) The hearing examiner's findings and recommendations shall be presented to the City
Commission for final action at the next regular or specially scheduled meeting. Notice shall be
mailed to all participants in the competitive process at least seven (7) days in advance of any final
action by the City Commission. The Notice shall include the hearing examiner's findings and
recommendations.
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(E) Failure to follow the ~rotest procedures set forth herein shall automatically nullify any protest
or claim brought by an aggrieved bidder. offeror or contractor.
ARTICLE 9. ETHICS IN PUBLIC CONTRACTING
In addition to all ethical rules and guidelines set forth by the Commission on Ethics and the
Miami-Dade County Code. as applicable to the City of Sunny Isles Beach and the State of Florida.
the City Manager may impose anyone or more of the following sanctions on a City Employee for
violations of ethical standards set forth by Miami-Dade County or the State of Florida including. but
not limited to: oral or written warnings or reprimands. suspension with or without ~ay for specified
periods of time or termination of employment. For non-employees. for violations of ethical
standards. the City Commission may terminate any contract with the City of Sunny Isles Beach.
ARTICLE 10. REPEAL OF CONFLICTING PROVISIONS.
All provisions ofthe Code of Metropolitan Dade County as made applicable to the City by
Article vm, Sections 8.3 of the City Charter and Ordinance 97-10 which are in conflict with this
Ordinance are hereby repealed.
ARTICLE 11. SEVERABILITY.
The provisions of this Ordinance are declared to be severable and if any section, sentence,
clause or phrase ofthis Ordinance shall for any reason be held to be invalid or unconstitutional, such
decision shall not affect the validity ofthe 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.
ARTICLE 12. INCLUSION IN THE CODE.
It is the intention ofthe City Commission, and it is hereby ordained that the provisions of this
Ordinance shall become and made a part ofthe 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.
ARTICLE 13. EFFECTIVE DATE.
This Ordinance shall be effective upon adoption on second reading.
SECTION 12. TRANSITION PR-OVISION.
Until a City Manager is employed by the City ofS1:lflIl)' Isles Beach, the City Commission or
its desigaee shall be the chief pl:lfchasing agent of the City. Sooseqaem: to hislfler employment,
Section 1 shall apply.
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PASSED AND ADOPTED on first reading the IDay of July, 2000.
PASSED AND ADOPTED on second reading this ']..0 ~day of -.J tA \
I .
,2000.
'"
ATTESt:
.,
. ' 4
~'(~~~~~~
'." Richard Bfown-Morilla, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Motion on second reading by: "l C. L MA\.d)~ Mo ~ ~Olll
Second on second reading by: C-,,()h\'m\~~ 16 klT ~ ~f=~t.W'
Vote: 5-0
Mayor David Samson
Vice Mayor Connie Morrow
Commissioner Irving Turetsky
Commissioner Lila Kauffman
Commissioner Daniel Iglesias
(yes) V
(yes) V
(yes tk::
(yes )~
(yes)1
(no )_
(no )_
(no)_
(no )_
(no )_
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