HomeMy WebLinkAboutOrdinance 2008-306
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ORDINANCE NO. 2008-3!l~
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION
62-7, 62-8 AND 62-15 OF THE CITY CODE RELATING TO
CONTRACT AWARD AND PROTEST PROCEDURES;
PROVIDING FOR REPEALER; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission has the authority to amend its code provIsIons
pursuant to Section C-4.3 of the City Charter; and
WHEREAS, the City Commission wishes to amend Sections 62-7, 62-8 and 62-15 of the
City Code addressing issues related to contract award and bid protest procedure; and
WHEREAS, the City Commission wishes to reaffirm its intent that price is only a factor
in selecting the lowest responsible and responsive bidder, and that a bid may be awarded to a
bidder whose bid is not the lowest dollars and cents bid, if the award is based on the criteria set
forth in Section 62-8 of the City Code.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section I. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified
and confirmed as being true and correct and are hereby made a specific part by this Ordinance
upon adoption hereof.
Section 2.
as follows:
Amendment. Sections 62-7, 62-8 and 62-15 of the City Code are amended to read
~ 62-7. Competitive bidding procedure.
A. Purchases under $25,000.
(4) Bids shall be awarded to the lowest, most rcsponsi'.'e, responsible and responsive
bidder, whose bid best serves the interests of and represents the best value to the City. in
conformity with the criteria set forth in Section 62-8 of the City Code. 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. Price is
only a factor in determining the lowest responsible and responsive bidder. Until a formal
contract is executed, the City reserves the right to reject all bids. For purposes of this section. the
term lowest responsible and responsive bidder is not the bidder with the lowest dollars and cents
bid. The City Manager or the City Commission may select a bidder whose bid is not the lowest
Words addcd undcrlincd, words stfivMm dclctcd (cd)
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dollars and cents bid if the award is based on the criteria set forth in Section 62-8 of the City
Code.
B. Purchases over $25,000. Bids for purchases over $25,000 shall be awarded in the same
manner as purchases as set forth in S 62 6, to the lowest responsible and responsive bidder whose
bid best serves the interests of and represents the best value to the City, in conformity with the
criteria set forth in Section 62-8 of the City Code. Price is only a factor in determining the lowest
responsible and responsive bidder. For purposes of this section, the term lowest responsible and
responsive bidder is not the bidder with the lowest dollars and cents bid. The City Manager or
the City Commission may select a bidder whose bid is not the lowest dollars and cents bid if the
award is based on the criteria set forth in Section 62-8 of the City Code. These except these
additional requirements shall pertain:
~ 62-8. Award.
A. All contracts shall be awarded by the City Manager, as stated above, to the lowest
responsible and responsive bidder.,-whose bid best serves the interests of and represents the best
value to the City. Price is only a factor in determining the lowest responsible and responsive
bidder. For purposes of this section, the term lowest responsible and responsive bidder is not the
bidder with the lowest dollars and cents bid. The City Manager or the City Commission may
select a bidder whose bid is not the lowest dollars and cents bid if the award is based on the
criteria set forth below in this section. In addition to price, there shall be considered the
following:
B. The contract shall be awarded by the City Manager or the City Commission, as the case
may be, with reasonable promptness by appropriate written notice to the lowest responsible and
responsive bidder whose bid best serves the interests of and represents the best value to the City,
in conformity with the criteria set forth in Section 62-8 of the City Code and meets the
requirements and criteria set forth in the invitation for bids.
~ 62-15. Protest procedures.
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 bidder to all participants in the
competitive process within seven 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 or certified check or money order in the amount of $250 to reimburse
the City for all administrative costs associated \vith the appeal process. made payable to the City
of Sunny Isles Beach in an amount equal to either (I) three percent (3%) of the estimated price
quoted, bid or proposal amount, or (2) thirty thousand dollars ($30,000.00). whichever is less.
Any grounds not stated shall be deemed waived.
Words addcd undcrlined. words strWk~1l deleted (cd)
Page 2 01'3
Section 3. 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, clause, 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 4. Inclusion in the Code. It is the intention of the Commission, and it is hereby
ordained, that the provisions of this Ordinance shall become and be made a part of the code of the
City of Sunny Isles Beach, Florida; and that the sections of this Ordinance may be renumbered or
relettered to accomplish such intentions; and that the word "ordinance" shall be changed to
"section" or other appropriate word, as required.
Section 5. Repealer. All ordinances or part of ordinances in conflict herewith be and the
same are hereby repealed.
Section 6. Effective Date. This Ordinance shall be effective ten (10) days after adoption on
second reading.
PASSED and ADOPTED on first reading the I~..\.~ day of yY\ AY 2008.
PASSED and ADOPTED on second reading the ~day of .j U",)<Z... 2008.
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J,ane A. Hines, qMC, City Clerk
APPROVED AS TO FORM
AN E FI IENCY:
Vote: 6-t
Moved by: Vtu M~y~M..~_
Seconded by: Ct,M~l~DU2.. ~~
Mayor Edelcup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Scholl
v (Yes)
V (Yes)
V(Yes)
::JY es)
_(Yes)
_(No)
_(No)
_(No)
_(No)
(No)
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----..I
CITY OF SUNNY ISLES BEACH
NOTICE OF PUBLIC HEARINGS
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... Now Showing
NOTICE IS HEREBY GIVEN that the City COlTVTlission of the City of Sunny
Isles Beach. Florida, will hold a public hearing in the Sunny Isles Beach
Government Center. David P. Samson Commission Chambers. 18070 Collins
Avenue, Sunny Isles Beach. Rodda. on Thursday, June 19, 2008, at 6:30 p.m..
to consider final adoption oflhe following proposed Ordinances:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY
ISlES BEACH, flORIDA, AMENDING SECTIONS 256-12, 256-14, 256-17
OF THE VEHICLES AND TRAmC CODElO ESTABUSH NEW PARKING
RATES FOR RESIDENTIAL PARKING AREAS ANDlO PERMIT PARKING
ON A 24-HOUR BASIS: PROVIDING FOR SEVERABILITY: PROVIDING FOR
INCLUSION IN THE CODE; PROVIPING FOR AN EFFECTIVE OATE
U ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY
ISlES BEACH, flORIDA, AMENOING SECTION 62-7, 62-8 AND
62-15 OF THE CITY CODE RELATING 10 CONTRACT AWARD AND
PROTEST PROCEDURES; PROVIOING FOR REPEAlER: PROVIDING FOR
SEVERABILITY; PROVIDING fOR INCLUSION IN THE CODE: PROVIDING
FOR AN EFFECTIVE DATE.
InqUiries regarding these items may be directed to the City Clerk at
305-792-1703. Copies 01 these docurrents are available fO( public inspection
during nOfmal business hoors in City Hall.
...
Jane A. Hines, Ct.AC. City Clerk
AU per,sonsare in_vitod to apPf',a( at this moeIing or bo reprasonced by WI agErlt, Of to ~ess
their VlCWS In wnhng addressed to the City Corrmission cJo lhe City CIcttt, City eX Surny Isles
Bead1. 18070Gollins AvOOJe, Su'lny Isles Bead1' Florida. 33t~. Mt porSM 'NIshi1g to
address the City CorrniSSlOll at a publIC hOOfing IS asl<ed to re9lster WIIh the Crty Clerk by
completing a public speakers' card prior to the itom being heard. The hearing on these matters
may be conhnuod at this moolflQ ald rnder SUCh C1tCU1l6WlCeS, addllionallcgal notICe would
not be provided. If a person decides to appeal any decision made by the City Corrrrission with
respect to any matter coosioomd at such I'OOElting. they WlH need a record 01 the proccooings
ald, fOf sum purpose, may need to OllSUfe that a vorbaIim mcord eX the proceedings is made,
wtlich rocOfd ndudos the testlTWJllY and evidenCe upon v.Oidl the appoaJ IS 10 be based
This notice does nol. constitute coosent by the Cily lor introduCtion Of admission eX othcrwlSO
ilactTissible Of ifrele<r.v'lt evidmce, nOf does it autOOriza Chal~ Of appealS not othofWlSO
allowed by Iaw_
In acc:ordaoce With tho Arrcticans wrth DISabilities Act, all porsoos whO are dIsabled ald ....00
nood special acCOO'YTWJdahons to participate i'lthis rrmtlng because 01 that disabilrty stnJId
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City of Sunny Isles Beach
18070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33] 60
(305) 947-0606 City Hall
(305) 949-3113 Fax
(305) 947-2150 Building Department
(305) 947-5107 Fax
City Commission
Norman S. Edelrllp, Mayor
I{oslyn Brczin, Vice Mayor
Gerry Goodman, Commissioner
Lewis Thalrr, Commissioner
Danny Iglesias, Commissioner
A. .John Szrrlag, City Manager
Hans Ottinot, Cily Attorney
.Jane A. lIines, CMC. City Clerk
MEMORANDUM
DATE: May 15, 2008
TO: The Honorable City Commissio
FROM: Hans Ottinot, City Attorne)}
RE: Ordinance amending Sections 62-7, 62-8 and 62-15 of the City Code
RECOMMENDA TION:
It is recommended that the City Commission approve the attached Ordinance amending Sections
62-7,62-8 and 62-15 of the City Code relating to contract award and bid protest procedures.
REASONS:
The purpose of the Ordinance amending Sections 62-7, 62-8 and 62-15 of the City Code is to
clarify the authority of the City Manager or City Commission in awarding a bid in response to an
invitation to bid or request for proposals.
This Ordinance re-affirms the City Commission's intent to award a bid to the lowest responsible
and responsive bidder whose bid best serves the interest of and represents the best value to the
City, in conformity with the criteria set forth in Section 62-8 of the city Code. This Ordinance
clarifies that price is only a factor in determining the lowest responsible and responsive bidder
and that the term lowest responsible and responsive bidder is not the bidder with the lowest
dollars and cents bid.
HO: fa
I Attachment
Agenda Item q 6
Date ~ - I q - 0 ~