Ordinance 16274
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ORDINANCE N4. �
AN �RDINANCE ESTABLISHING A PROCEDtJRE
FOR THE LETTING OF CITY CONSTRUCTI�N
CONTRACTS AND THE PURCHASE AND SATaE
OF PERSQNAL PROPERTY,
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BE IT OR�3JAINED BY THE CITY COUNCIL �F THE CITY OF MIAMI BEACH,
FLQR IDA ;
SECTION 1: That the Code of the City of Miami Beach, Florida
be and the same is hereby amended by adding thereto
a new Chapter, immediately followin� Chapter �7, to �e numberEd
and to read as follows:
r'CHAPTER �8
CITY CONSTRUCTION CONTRACTS AND PURCHASE
AND SALE OF PERS�NAL PROPERTY PROCE�URES
Sec. �8-1 PURPOSE AND SCOPE
Purposes of th3,s ordinance are to prescribe the manner in
which the City Manager, or person delegated by him, to aet as
� urchasin� Agent for the City of Miami Beach, ahall control the
purchase of materials, supplies, equipment, public construction
contracta, and certaln contractual services of the Cit� of Miamf
Beach and to maintain a high ethical standard for all officers
and emp3.oyees of the city in connection therewith,
Sec. �8-2 DEFINITI4NS
(a� Agent or Purchasing Agent - means the purchasing a�ent
of the City.
{b} Contractor - means that person who contracts with the
City to perform construction projects, or contracts
with the City for sale or purchsse of peraonal property or
contracts with the City to perform personal services.
(c) �epartment Head - means the head administrative officer
of the City department reaponsible for the engineering
and design o�' �he construction pro�ect, or of the department
which needs to acquire or desires to sell personal property.
(d} Usin� Agency or Agency or Department - means any depart-
ment, division, utility, or agency of the City concerned
with a construction pro�ect or the procurement or sale oP
personal property or acqufring personal servicea from any
contractor.
Sec. �$-3 POWERS AND DUTIES
The Purchasing Agent shall have the power and it shall be
hia duty:
�a3 To purchase or contract for all materials, �upplies,
equipment, public construction contracts, and certain
contractual services needed by all using agencies in the
ci�y government of the City of Miami Beach, provided, how-
ever, that the items herein specified or purchased for the
purpose of assessable improvementa shall be purchased in
accordance with the requirements of 5ections 29 and 30 of
the City Charter.
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(b} To purchaae or procure for the City of Miami Beach all
materials, supplies, equipment, public construction
contracts, and contractual servicea from the lowest and best
bidder meeting specifications; provided, however, that the
City Council sha].1 award all contracts for professional or
financial consulting services, or may delegate to the City
Manager the aut�iority to award such contraci�s .
(c) To sell or dispose of all obsolete unusable and surplus
personal property in accordance with the rules and reg-
�.lations adopted herein.
�d} The powers and duties granted herein shall be subject
to the conditions set forth in this Chapter.
Sec. �8-� CONFLICT OF INTEREST
( a j Ordinance No .�.569 of the City of Miami Beach, commonly
known as the Conflict of Interest Ordinance, is made a
part hereof and incorporated her�in by reference.
{b) No employee of the City shall con�ract with or �'or any
business dealin�s with the city whereby he may derive
income or benefits other than those provided as remuneration
from the City for h1s employment.
Sec . �8-5 COMPETITIVE HIDDIA3G REQU�RED
�a) A11 purchase� of, and contracts for materials, supplies,
equipment, public construction contracts, and certain
contra�tual services with an estimated cost exceeding
$2,000.00, and all sales of obsolete, surplus and unusable
�ropert3�, which estima�ed cost thereof shall be more than
2,004.00 shall be purchased or dispased of by competitive
biddin�. Splitting orders to avoid the provislons of this
section are prohibited.
Sec. �8-6 OPEN MARKET PROC�DURES
All purchasing of supplies, and contractual services of
a total estimated value of less than $2,000.00, and all
sales of personal property which have become obsolete
and unusable of less than the estimated v�lue of $2,400.00
shall be made in the open market without newspaper adver-
tiaement and without observing the procedure prescribed
- by this chapter for formal purchasin� or sales procedures.
/�.r1�. Minimum number of bids. All open marke� procedures
���` or sales shall, whenever possible, be based on at least
� three competit�.ve bids and shall be awarded to tne lowest
responsible bidder in accordance with the standards set
forth in this chapter or the highest reaponsible bidder
in case of a sale .
2. Invitation of bids, The agent may solicit either oral
or written bids for open market pricing or sale, but
shall use all reasonably available and current bidders and
suppliera lists. All oral bids in excess of $100.40 shall
be confirmed in writing.
Public Record. The a�enic shall keep a record of a
oAen market bids submitted in competition thereon,
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Sec . �48-7 CaMPETIT�VE BID�ZNG PROCEDURES
(a� Notice Inviting Bids. Notice inviting bids shall be
published once in a newspaper of general circulation,
published in Dade County at least fourteen (l�} days preced-
ing the last day set fvr the receipt of bids, The newspaper
notice required herein shall include a general description
of the work or materials or services, shall state where bid
forms or specifications sha3.1 be secured, the closin� time
for submission of bids and place of submission and the time
and place of opening bids. Bid deposits, if required, shall
be prescribed in the public notice inviting bids.
(b� Bidders` List. The City shall also invite �ea2ed bids
from all responsible prospective contractors who have
requested their names be add�d to a"Bidders' List", which
�he City shall rnaintain, by sending them a copy of such
newspaper notice or such other notice as wi13. acquaint them
with the propoaed contract. In any case, invitations sent
to the eontractors on the bidders' listi shall be limited to
work that is similar in character and ordinarily performed
by the contractors to which the invitations are sent. Fail-
ure of any person on the "bidders' list" to receive such in-
vitation to bid shall invalidate the bidding procedures.
� c) Pre Bid Conference . The Purchasing A�;ent and the De -
partment Head of the using a enc� shall provide for a
pre bid conference at least five �5i days prior to the time
for submission of bids. All points of clarification and
questions answered at the conference which may affect the
bid shall be issued in the form of an addenda to the speci-
fications and mailed �o all prospective bidders who have
recei�red or thereafter obtained copies o�' the specifications.
(d} Where an addenda to specifications is issued, and in
the opinion of �he agent an extension of time for fil-
ing bids is required, the agent may e�tend the final date
for receipt of bids up to ten (10) days upon written notice
to all persons who have received or obtained copies of the
specifications .
(e) Bid Bands or Deposits. All peraons submitting a bid
under this section shall accompany their bid with a
corporate surety bond from a surety company authorized to do
business in Florida or a cash deposit whenever and in an
amount deemed necessary by the Purchasing Agent. Any bidder
who is not awarded a contract shall be entitled to have his
bond exonerated or his cash deposit refunded. Any bidder ��;�
awarded a contract shall forfeit his bond or cash deposit if
he fails to enter into a contract within ten (lOj days after
presentation of the con�ract for signature. Upon entering
into a contract within the said ten (lOj days, the suecess-
ful bidder will be entitled to have his bid bond exonerated
or his cash deposit refunded.
�f) Bid Opening Procedures.
1. Submitting. Sealed bids shall be submitted per--
sonally or by m�il to the Purc��asing Agent and
shall be identified as such on the envelope.
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2. Openin�. Bids shall be opened inepublic at the
time and place stated in the public notices which
shall be immediately after �he closin� time for submis-
sion of bids . Bids not received b3t t'r�e City prior to
the bid opening shall not be opened and considered.
An.y bidder may review ail bids immediately after open-
ing and prior to tabulation and summary.
3. Tabulation. Tabulativn of all bids received shall
be forwarded to the Ci�y Manager by the Purchasing
Agent with appropriate recommendation for acceptance or
rejection of bids. �opy of the tabulation shall be
furnished to the bidder.
Sec. �8-8 REJECTION OF BIDS AND NEGOTIATI4N
(a) If the bid is $S,OOO.aO or less, the City Manager sha3.l
ha�re the authority to re ject any and all bids, If the
bid is in excess of $5,004.00, the City Gouncil shall have
the authority to reject any and all bids.
(b) If the lowest and best b�d exceeds tdditionalefundsunt
and the City Council does not make a
available, the appropriate authority designated in sub-
section �a) shall have the power to:
1. Re-advertise the project for bidding after
making substantial changes in the project
plans to bring the eost within the limit
of the money available.
Sec. �8-9 WAIVER OF IRREGULARITIES
The City Council shall have the authority to waive any and
all irregularities in any and all formal bids.
Sec. �8-10 AWAR�D OF CONTRA�T
Al1 contracts, when the sum is $2,000.00 or less, shall be
awarded by the Purchasing Agent ta the lowest and best bidder.
Al1 contracts, when the sum is in excess of $2,000.00 and not
exceed3.ng $5,000.00 shall be awarded by the City Manager to
the lowest and best bidder. When the amount of a contract is
in excess of $5,000.00, the City Council shall award the contract
to the lowest and best bidder, or may delegate to the City
Manager the power to award said contract to the lowest and best
bidder. In determining the lowest and best bidder, in addition
to price, there shall be considered the follovaing:
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(a) The ability, capacit� and skill of the bidder to per-
form the contract.
(b) Whether the bidder can perform the contract within the
time specified, wi�hout delay or interference.
(c} The character, integrity, reputation, judgment, experi-
ence and efficiency of the bidder.
(d) The quality of performance nf previous contracts,
(e} The previous and existing compliance by '�he bidder with
laws and ordinances relating to the contract.
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(f) The sufficiency of the financial r�sources and ability
of the bidder to perform the contract.
(�) Award to other than low bidder. When the award is
given to other than the lowest bidder, a full and com-
plete written statement of the reasons thQ�ebidderslande
delivered to the unsuccessful low bidder
filed with the other papers relating to the transaction on
file in the office of the Purchasing Agent.
Sec. �8-11 STANDARDIZATION AND COOPERATIVE PURCHASING
(a) Where standardization is desirable and permitted by
law, the purchase of materials, supplies and equipment
and the award of public con�truction contracts, and certain
contractual se�vices may be by negotiation w�.th the written
approval of the Cit� Manager. All other purchases or sales
for ].ess than the above estimated dollar amounts sha11 be
based, wherever possible on eompetitive quotations either
orally or in writing.
(b} The agent shall have
units of governments
when the bes� interest of
and same is in accordance
the suthority to join wlth other
in cooperative purchasing ventures
the �it� would be served thereby,
with the City and State Law.
Sec . 4�$-l2 PERFtJRMANCE AND PAYMENT HON�
A Contractor or Vendor shall provide a corporate surety bond
from a surety company authorized to do business in Florida to
gua�anty the full and faithful performance of hi� contract
abligations and the payment oF all labor and material expanded
pursuant to the contract whenever and i� suAllasucht�ondsishall
deemed necessary by the Purchasing Agen .
be approved as to form by �he City Attorney.
Sec. �8-13 REGULATIONS AND PROCEDURES
The Furchasing Agent is hereby authori2ed and direeted to
adopt such written regulations and procedures as may be neces-
sary for the implementation of this ordinance. Said regula-
tions and procedures shall become effecti�e when approved in
writir�g by the City Manager. Copies of the regulations shall
be an file in the office of the Purchasing Agent and �hall be
made available for public inspection during normal business
hours.
Sec. �8-14 UNAUTH�RI�ED PURCHASES
It shall be unlawful for any city afPicers or employees to
order the purchase of any ma�erials, suppliea, equiprnent, pub-
lic construction contraets, and certain contractual services,
or make any contract within the purv�.ew of this ordinance other
than through the Purchasing Agent and any purchase, order or
contract made cantrary to the provisions hereof shall not be
approved and the Gity shall no� be laound thereb�r.
ta} Exceptions Prohibited. There shall be no exceptions by
any using agency to the above provisions, except as may
be apecifically authorized by the City i�ianager in writing
stating the reasons for said exceptfons.
(b} Emergency. This section shall nat" apply to any emer-
gency purchase which is subsequently approved by the
City Manager upan justification by the using agency.
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Sec . �48-15 DISASILITY 4R A.BSENCE
If the City Manager or a person designated by him as Pur-
chasin� Agent needs to be absent fram the City, the City Mana-
ger shall designate the City employee who shall perform the
duties of the Purchasing Agent during his absence or disability.
The person so designated shall not perform these duties for a
period longer than thirty �34� days without the approval of
City Council.
Sec. �8-16 INVEVTORY - CENTRAL wAREH4USE
(a) The agent shall control and supervise all used property
oF the City. Where equipment is replaced, the used
equipmen� shall be plaeed in the City inventories.
�b� The agent shall provide central warehousing for City in-
ventories and control and supervise City warehouse and
administer the warehouse inventories.
t� } Annual Inve�tory. The agen� shall. Fi�.e with the Cft�r
Manager a com�lete inventory within sixty (64� days of
the close of each fiscal year.
Sec . �+8-17 SUBDIVISiON OF CONTRACTS
No project or contract awarded under the provisions of this
chapter shall be subdivided to avoid the provisiona of this or-
dinance unless so provided in the specifica�ions.
5ec. �8-18 ENCUMBRANCE OF FU�DS
Except in cases of emer�ency declared by the �ity Manager or
the Council, as pr+�vided in �his chapter, no contract or any
change arder to an existing contract shall be authorized unless
there is a sufficient unencumbered balance in th� bud�et appro-
priation of the using a�ency or sufficient bank funds available
in excess of actual expenditures ar commitments, to cover sueh
contract or change order.
Sec .�48--19 CHANGES AFTER A�r�ARD �F CONTRACT
(a) Upon recommendation of the departmer�t head, the agent
shall have the authority to alter the terms of an exist-
ing contraet by increasing the amount to be expended by the
lesser of 5� of the contract price ar $5,000.00.
tb) The City Manager, upon recommendation of the depa��tment
head and agent, may authori�e an additianal change in
the amount of the iesser af 5� of the contract price or
�S�OOQ.�O,
�c) Any Change in contrac� price exceeding the lesser of
10�b or $10,000.00 must be approved by the City Cauncil.
Sec. �8-20 PARTIAL PA'YMENTS
�_ .,., No partial payment for work completed shall be made to a
contractor without the approva l of the department head of the
_ . . _.._,. �. . . No reduc -
� quantities and values submitted by the contractor.
tion in retained percentage not called for in the contract
shall be made without approval of the City Council or the City
Manager where such autharity is duly delegated.
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Sec. �8-21 LAB�RATORY FACILITIES AND APPRAISAL
The a�ent with the approval of the City Manager shall have
the au�hority to contraci� without the necessity of bids for
laboratory, and appraisal services in connection with the work ��
of preparing and adjusting standards and written specifications.
SECTION 2: That all ordinances or parta of ordinances in con-
flict herewith be and the same are herebq repealed.
SECTION 3: That this ordinance shall go into effect immediately
upon its passage and posting as required by law.
PASSED and �.DOP�'ED this 1,� st� day of Februar,�,� w �
1g67 , �.�
Mayor
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ATTEST:
City Cler
lst reading - J anuary 18, 1967
2nd reading - January 18, 1967
3rd reading - February l, 1967
POSTED - February 1, 1967
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STI�TE OF F�,ORIDA
COUIVT�' OF DZ�DE e
RUTH B. ROULEAU
i, i�-in:�-�o-�'fl�ii��OitT, City Clerk in and :�or the
City of %�i.ami Beach, Florida, do hereby certify that
Ordinance i�7o e 1627 enti�tled �
"AN ORDINANCE ESTABLISHING A PROCEDURE FOR THE LETTING
OF C I TY CONS TRUC TI ON CONTRAC TS AND THE PURCHASE AND
SALE OF PERSONAL PROPERTY"
having been passed and ado�ted by the City Coun�il of the
City o€ ��iami Beach, Florida, has been posted by me in three
cons�icuous places in t1�.e City of l�iami �each, one o� which
was at the door of the City Hall in said City on the
lst day o� February, 1967, and that said Ordinance
reinained �osted for a�eriod o� at least thirt� days in
accordance witlz the rec�uireme�Zts o� �the Cit�r Charter o� the
said City of r�tiami Beach o
I,i�i VtiTITNE�S WHFREOF � have hereunto set m� hand and
affixed the official seal oi the City of Miami Beach, Florida,
on this the 22nd da� o� March, 1967.
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/�^�/��
City Clerk
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