Ordinance 1690a
�
�
� �
�• •�
• ,
ORDINANCE N0. 1690
r
s . t � �
� �
AN ORDINANCE AMENDING CHAPTER 31A OF THE CODE OF THE CITY OF
M I AM I BEACH BY D ELET i NG S ECT I ON� 31 A-1 THROUGH 31�A-21 THERE-
FROM AND ADDING NEW SECTiONS THERETO TO BE NUMBERED 31A-1
THROUGH 31A-25. FOR THE PURPOSE OF ESTABLISHING A PURCHASiNG
DtVISION IN THE ADMINISTRATIVE SERVICE OF THE ClTY OF MIAMi
BEACH, CREATiNG TH� POSITI�N OF CITY PURCHASING AGENT,
' SETTlNG FORTH THE POWERS AND DUTIES OF THE ClTY PURCHASING
� AGENT, ESTABLISHING PURCHASING PROCEDURES.
BE IT ORDAINED BY THE CITY COUNCiL OF THE CITY OF MIAMI BEACH, FLORtDA:
�
SECTION 1: That Chapter 31A.of the Code of the City of Miami Beach, Florida, be
and the same is hereby amended by deleting therefrom Sections 3tA�-1
through 3�A-21 and substituting therefor new Sections to be numbered 31A-1 through
31/i-►25 and to read as fol lows:
"CHAPTER 31A - PURCHASING
Sec. 31A-�. 5HORT TITLE.
The provisions of this ordinance shall be known as the "Purchasing
Ordinance of the City of Miami Beach."
Sec. 31A-2. PURPOSE.
Purposes of this ordinance are to prescribe the manner in which the
City of Miami Beach shall controi fihe purchase of materials, supplies,
equipment, and certain contractuai services of the city, and to maintain
a high ethical standard for all officers and employees of the city in
connection therewith.
Sec, 31A-3� DEFINITIONS.
For the purposes of this ordinance, the following terms, phrases,
words and their derivations shall have the meaning given herein. When
not inconsistent with the content, words used in the present tense include
the future, words in the plural number inciude the si�gular number, and
words in the singuiar number include the plural number. The word "shall"
is always mandatory and not merely directory, p
(a) "City Manager" is the City Manager of the City of Miami 6each.
(b) "City" is City of Miami Beach, Florida. .
., � • � . -
(c) "C i ty Counc i 1" i s the C i ty Counc i 1 of the C i ty of Mi ami Beach.
(d) "Purchasing Agent" or "Agent'� is the Purchasing Agent of
the City of Miami Beach.
(e) "Contractual Services" shall mean and inciude all teiephone,
gas, water, electric light and power service, towel and
cleaning service, insurance and other like services.
The term services shall not include professionai services .
which are unique in their nature and not subject to
competi tion.
(f) "Supplies" shall mean and include all supplies, materials
and equipment.
(g) "Using Agency" is any department, agency, commission, board,
committee, authority, or other unit in the city governmenfi
using supplies or procuring contractual services as provided
for in this ordinance.
�
�
� . .
.
. � ' � ' •
r , ' , ` .
�
.�
Sec. 31A�4� ESTABLISHMENT OF A PURCHAStNG DIVISION.
There is hereby established a Purchasing Division under the City
Clerk-Finance pepartment.
Sec. 31A-5. PURCHASiNG AGENT,
There is hereby created the position of Purchasing Agent who shall be
Supervisor of the Purchasing Division, shail perform all duties required by
law and such other duties as assigned by the City Manager, and shall have
the powers and duties prescribed by fihis chapter.
A. Rosition Specifications. The Agent shall:
l. Appointment: Be appointed by the City Manager according to
Personnel Regulations pertaining to the Unclassified Service.
B. Scope of Purchasin� Authority. The Agent shall have the power
and it shall be his duty:
1. Purchase or Contract. To perform the duties herein specified
in connection with the purchase or contract for purchases of
all current supplies and contractua) services needed by any using
agency which derives its support wholly or in part from the city,
when duly authorized, in accordance with purchasing procedures as
prescribed by this chapter and such rules and regulations as may
be adopted for the internal ma�agement and operation of the
Purchasing Division and such other ru)es and regulations as shatl
be prescribed by the City Manager.
2. Exceptions Prohibited. The authority of the Agent to negotiate
all purchases for alt using agencies shall not be abridged,
except as required by Charter.
3. No Jurisdiction on Public Improvement Contracts. Awarding of
contracts involving publi� constructions and improvements is
not under the jurisdiction of the Purchasing Division. All such
contracts must be authorized by the City Council and musC adhere
to the formal bid and contract procedures contained herein.
4. Unauthorized Purchases. Except as herein provided it shall
be unlawful for any city officer or other person to order the
purchase of any materials or supplies or make any contract for
municipai materiais or supplies within the purview of this chapter
other than through the Purchasing Division, and the city shall not
be bound by any purchase order or contract made con�rary to the
provisions herein.
C. Other Powers and Duties. !n addition to any other powers and duties
conferred by this chapter the Agent shall:
1. Minimum Expenditure. Act to procure for the city the highest
quality in supplies and contractual services at least expense
to the c i ty.
2. Encouraqe Competition. Discourage uniform bidding and endeavor
to obtain as full and open competition as possible on ali
purchases and sales.
3. Rules and Requlations. Enforce all rules and regulations
authorized by this chapter and any others necessary to its
operation not in confiict herewith.
4. Purchasinq Analysis. Keep informed of current developments
in the field of purchasing, prices, market conditions and
new products, and secure for the city the benefits of research
conducted in the fieid of purchasing by other governmenta)
jurisdictions, national technical societies, trade associations
haying national recognition, and by private businesses and
organizations.
-2-
. , '
, , . , . , , .
,. , . . . .
5. Procedures. Prescribe and maintain a manuai of purchasing
procedures and provide same for all usin� agencies.
6. Forms. Prescribe and maintain such forms as he shall find
reasonably necessary to the operation of this article.
7. Standard Nomenclature. Prepare and adopt a standard purchasing
nomenclature for using agencies and suppliers.
8, Vendor's Cataloq Fite, Prepare, adopt and maintain a vendor's
catalog file. Said catalog shall be filed according to materials
� and sha11 contain descriptions of vendor's commodities, prices and
discounts.
9. Bulk Purchases. rxploit the possibilit:es of buying "in bulk"
so as to take full advantage of discounts.
10. Tax Exemptions. Act so as to procure for the �ity all tax
exemptions to which it is entitled.
11. Co-operation. Co-operate with using agencies so as to secure
for the city the m�ximum efficiency in budgeting and accounting.
12. Disqualification of Bidders. Have the authority to declare
vendors who default their quotations irresponsible bidders and
to disqualify them from receiving any business from the municipality
for a stated period of time� subject to approval of the City Manager.
Se�. 31A�6. REQU151TION AND ESTlMATES.
All using agencies either by or with, the authorization of the head of
the department under which the using agerrcy operates, sha�i file wiih the
Agent detailed requisitions or estimates of their requirements in supplies
and contractual services in such manner, at such times, and for such �Future
period as the Agent shall prescribe.
(a) Unforeseen requirements. A using agency shall not be prevented
from filing, in the same manner, with the Agent at any time a
requisition or estimate for any supplies and contractual services
the need for which was not foreseen when the detailed estimates
were filed.
Sec. 3�q_], CONFLICT OF INTEREST.
(a) Ordinance No. 1569 of fihe City of Miami Beach, commonly known
as the Confiict of Interest Ordinance, is made a part hereof
and incorporated herein by reference.
(b) No employee of the city shall contract with or for any business
dealings with the city whereby he may derive income or benefits
other than those provided as remuneration from the city for his
employment.
Sec. 3iA=8. ENCUMBRANCE 0� FUNDS.
Except in cases of emergency, the Agent shall not issue any order for
delivery on a contract or open market purchase until either the Director of
Finance or Accounting Division Supervisor shall have certified, after
pre-audit, that there is to the credit of the using agencies concerned a
sufficient unencumbered appropriation balance, in excess of al1 unpaid
obligations, to defray the amount of such order,
'.
,
-3-
Sec. 31A-9. FORMAL CONTRACT PROCEDURE.
Al1 supplies and equipment except as otherwise provided herein, when
the estimated cost thereof shall exceed Three Thousand Dollars ($3,000.00)
shall be purchased by formal, written contract andJor purchase order from
the lowest and best responsible bidder, after due nofiice inviting praposals;
provided, however, that the City Council shall have authority to waive
execution of formal confiract in cases where it deems it advisable to do so.
Aii saies of personal property (except trade-in personal property) which
has become obsolete and unusable, when the estimated value sridll exceed
Three ThouSand Dollars ($3,000.00), shall be accomplished by formal written
contract to the highest bidder, after due notice inviting proposais has been
published as required by law.
(a) Notice Invitin�q Bids.
1. Newspaper. Notice inviting bids shatl be
published once in �t least one official newspaper
having general distribution in the city and at least
5 working days preceding the last day set for the
receipt of proposals.
2. Scope of Notice. The newspaper notice required
herein shall include a general description of the
articles to be purchased or sold, shall state where
bid blanks and specifications may be secured, and
the time and place for opening bids.
3. 6idders List. The Agent shall also solicit sealed
bids firom all responsibte prospe�tive suppliers who
have requested their names to be added to a"bidder's
list" which the Agent sha11 maintain, by sending them
a copy of such newspaper notice or such other notice
as will acquaint them with the proposed purchase or
sale. In any case, invitations sent to the vendors
on the bidders` iist shall be limited to commodities
that are similar in character and ordinarily handled
by the trade group to which the invitations are sent.
(b} B i d Repos i ts. When' deem�d neces��r.y .by the Agent,_ � b i d:� .
deposits sh��i be presc.r•ibed in the�public
notices• invifiing bids. Unsuccessful bidders shall be �
entitled to return of surety where the Agent has required
such, A;successfui bi dder. .shal 1 forfei t any surety �-equ•i�red
by the Agent upon failure on his part to enter a�ontract
wi thi n ter� E10) days a�fter the award: •� ... .:.; .
(c) 1. Sealed Bids.
and shall be
envelope.
8ids shall be submitted sealed to the Agent
identified as bids on the outside of the
2, Openinq. Bids sha11 be opened in public at the time and
place stated in the public notices, and shall be witnessed
and certified.
3. Yabulation. A tabuiation of all bids received sha11 be
made and shall be available for public inspection,
-4-
�
■
.
Sec.•3��,�Q; REJECTION OF BIDS AND NEGOTIATION.
(a) tf the bid is $3,000.00 or less, the City Manager shall have
the authority to reject any and all bids. tf the bid is in
excess of $3,000.00, the City Council shali have the authority to
reject any and all bids.
(b) If the lowest and best bid exceeds the budgeted amount and
the City Council does not make additional funds available,
the appropriate authority designated in sub-section (a) shail have
the power to readvertise the items for bidding after making sub-
stantial changes in the project plans to bring the cost within
the limit of the money available.
Sec. �)q_��, WAIVER OF tRREGULARITIES.
The City Council shall have the authority to waive any and all
irregularities in any and all formal bids.
Sec. 31A-12. AWARD OF CONTRACT.
All contracts, when the sum is $1,000.00 or less, shall be awarded
by the Purchasing Agent to the lowest and best bidder. All �ontracts,
whe� the sum is in excess of $1,000.00 and not exceeding $3,000.00 shall
be awarded by the City Manager to the iowest and best bidder. When the
amount of a contract is in excess of $3,000.00, the City Councii 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 following:
(a) The ability, capacity and skili of the bidder to perf orm
the contract.
(b) Whether the bidder can perform fihe contract within the
time specified, without delay or interference.
{c} The character, integrity, reputation, judgment, experience
and ef f i c i ency of the b i dde r.
(d) The qual ity of performance of previous contracts.
(e) The previous and existing compliance by the bidder with
laws and ordinances relating to the contract.
Sec. 31A-13.AWARD TO OTHER THP,N !OW BIDDER.
1. When fihe award is not given to the lowest bidder, a f ull and
complete statement of the reasons for placing the order elsewhere shail
be prepared by the Agent, included in the minutes typed on the tabulation
sheet, which must be signed by the Agent and filed with the other papers
re�ati�g to the transaction.
2. Tie Bids
Award of all tie bids under $1,000,00 value shall be made by the
Agent. All tie bids in excess of $1,000.00 but less than $3,000.00 shall
be awarded by the City Manager.
Sec. 3iA-14. STANDARDIZATiON AND COOPERAT(VE PURCHASING.
(a) Where standardization is determined to be desirabie by the
Agent, the purchase of materials, supplies and equipment
and certain contractual services may be by negotiation with the
wri tten approval of the Ci ty Manager.
(b) The �n,gent shall have the authority to join with other units
of governments in cooperative purchasing ventures when the
best interest of the city would be served thereby, and the same
is in accordance with the city ahd state law.
-5-
L ,
� • � 1 •
Sec.�3�A-15. PERFORMANCE AND PAYMENT BOND. �
A contractor or vendor shall provide a corporate surety bond from
a surety company authorized to do business in Florida to guarantee the
full and faithful perf ormance of his contract obligations and the pay-
ment of labor and material expended pursuant to the contract whenever
and in such amounts as is deemed necessary by the Purchasing Agent.
Ali such bonds shall be approved as to form by the City Attorney.
Sec, 31A-15. REGULATIONS AND PROCEDURES.
The Purchasing Agent is hereby authorized and directed to adopt
such written reguiations and procedures as may be necessary for the
implementation of this chapter. Said regulations and prccedures shatl
become effective when approved in writing by the City Manager. Copies
of the regulat ions shal 1 be on f i le in the Off ice of the Purchas ing
Agent a�d shail be made available for pubtic inspection during normal
business hours.
Sec. 3iA-1%. UNAUTHORIZED PURCHASES.
lt shail be unlawfui for any city officers or employees to order
the purchase of any materials, supplies, equipment, and certain contractual
services, or make any contract within the purview of this chapter other
than through the Purchasing Agent and any purchase, order or contract
made contrary to the provisions hereof shall not be approved and the
city sha11 not be bound thereby,
(a) Exceptions Prohibited. There shali be no exceptions by any
using agency to �he above provisions, except as may be
specifically authorized by the City Manager i� writing stating
the reasons f or said exceptions.
(b) Emergency. This section shall not apply to any emergency
purchase which is subsequently approved by the Agent or
Ci ty Manager upon justif ication by the us ing agency.
Sec. 3iA-18. PROHIBITION AGAINS T SUBDtVISION.
No contract or purchase shail be subdivided to avoid the require-
ments of th i s ord i nance.
Sec. 31A-19. P'JRCHAS� OF SUPPtIES ANO CONTRF.CTUAI SERVlCES BETWEEN
,$1,000.00 AND $3,000.00
When the estimate�d cost of supplies and contractual service exceeds
$1,000.00 and is less than $3,000.00 contract for same may be awarded
by the City Manager to the lowest and best responsible bidder, without
f ormal contract under the following conditions:
(a) The Agent must se�d out notices inviting bids by mail to
at least three (3) dea)ers believed to handle the products
des i red, at least f ive (5) working days before the b ids are to be
received, such notices to specify the kind and quality of materials,
supplies and contractual services desired, and shall make
wr i tten cert if icat ion of such fact.
(b) The Agent, in addition, may solicit bids by mail or telephone
from prospective vendors.
(c) The Agent shall keep records of all bids submitted and shall
report same to the City Manager at his request, and such
records shall be open for public inspection.
td) Al1 provisions of this article pertaining to the bidders'
lists,bid deposits and bid opening procedure, where not in
conflict with this section, sha11 be applicable.
(e) The City Manager shall award the contract to the lowest
and best responsible bidder which shall be recorded in the
minutes of the file.
�
"Sec� 31A-20. OPEN MARKET PROCEDURES
1. All purchasing of supplies and contractual services of a total
estimated value of more than �25.00 and less than $t,000.00 and all sales
of personal property which have become obsolefie and �nusabie of less than
the estimated value of $1,040.00 may be made in the open market without
newspaper advertisement and without observing the procedure prescribed
by this ordinance for formal purchasing or sales procedures.
a. Minimum number of bids. Ail open market procedures
or saies shall whenever possible, be based on at
least three competitive bids and shall be awarded to
the lowest responsibie bidder in accordance with
the standards set f orth in this chapter or to the
highest responsible bidder in case of a sale.
b, invitatton of bids. The Agent may solicit either
oral or written bids for open market pricing or saie,
but shall use all reasonably available and current
bidders and suppliers lists. All oral bids in excess
of $i00.00 shall be confirmed in writing.
c. Public Record. The Agent shalt keep a record of
all open market bids submitted in competition thereon,
. and such records shail be open to public inspection.
2. Local purchase orders for certain purchases with the approval
of the Agent may be used by the departments for immediate need of
supplies, materiais and contractual services not to exceed the maximum
value of $25.00.
Sec.31A-21. EMERGENCY PURCHASES.
(a) By City Manaqer. In case of an apparent emergency which
requires immediate purchase of supplies or contractual
service, the City Manager sha11 be empowered to authorize the
Agent to secure by open market procedure as herein set forth,
at the lowest obtainable price, any supplies or contractual
services not exceeding $3,000.00. The City Manager::has the
authority to act in the case of any emergency that might
affect the health, safety, and welfare of the city. Such
action shall be reported at the next regular meeting of fihe
City Council.
(b) By Head of Department, ln case of actuai emergency, and
with the prior consent of the Agent, and the prior approval
of the City Manager, the head of any using agency may purchase
directly any supplies whose immediate procurement is essential
to prevent delays in the work of the using agency which may
vitally affect fihe life, health or convenience of citizens.
The head of such using agency shall send to the Agent a
requisition and a copy of the delivery record together with a
f ull writte� report of the circumstances of the emergency.
Sec. 3�a-22. INSPECTION AND TESTING.
The Agent shall inspect or supervise the inspection of or cause to be
inspected all deliveries of supplies or contractual services to determine
their conformance with the specifications set forth in the order or
contract.
(a) Inspection by usin�,aqency. The Agent shall have the authority
to authorize using agencies having the staff and facilities
for adequate inspection to inspect ail deliveries made to such
using agencies under rules and regu.lations which the agent shall
prescribe.
-7-
,
.
. '
, , 4b`) T�6 ts . The Agent sha 1 1 have the author i ty to requ i r'e ch�m i ca i�
J and physical tests of samples submitted with bids and samples
of deliveries which are necessary to determine their quality and
conformance with the specifications. in the performance of
such tests, the Agent shall have the autho�ity to make use of
laboratory facilities or any agency of the city government or of
any outside laboratory.
Sec, 3� q�2`� � SURPLUS STOCK.
Ati using agencies shall submit to the Agent, at such times and in such
form as he shall prescribe, reports showing stocks of all supplies which are
no longer used or which have become obsolete, wor-n out or scrapped.
(a) Transfer. The F,gent shall have the authority to transfer
surplus stock to other using agencies.
(b) Sale. The Agent shall have the authority to sell all supplies
of a value less than $1,000. which have become unsuitable for
public use, or to exchange the same for, or trade in the same on,
�ew supplies. Sales under this section shatl be made to the highest
responsible bidder and in conformance with �ompetitive conditions.
Sa 1 es of supp! i es of a va 1 ue i n excess of $1 , 000. (not exceed i ng
$3,000.) shali require approvat of the City Manager. Sales in
excess of $3,000, shall require approval of the City Council.
Sec. 31A-24. �ENTRAL WAREHOUS ING,
The Agent shatl control and supervise storerooms and warehouses and
shall administer same.
(a) Accountinq Procedure. Requisitions from supplies, in a store-
room or warehouse shall be credited by the Agent to the store-
room's revolving fund by a charge against the appropriation of the
using agency.
(b) Inventory. The Agent shall maintain a perpetual invenfiory
re�ord of all materials, supplies or equipment stored in store-
rooms and warehouses.
Sec. 31�-25• PRICE AGREEMENT CONTRACT PROCEDURE.
The head of the using agency shall have the authority to submit requi-
sitions to the Agent for suppiies avai�able under the terms of a"price
agreement" contract made by the /�gent."
SECTION 2: That all ordinances or parts of ordinances in conflict herewith be
and the same are hereby repealed.
SECTION 3; That this ordinance shali go intv effect immediately upon its passage
and posting as required by law.
PASSED and ADOPTED THIS 3rd - DAY OF April , 1968,
ATTEST:
City Clerk and Finance Director
lst reading - February 21, 1968
2nd reading - February 21, 1968
3rd reading - April 3, 1968
POSTED - April 4, tg68
,
.
� R
STATE OF FLORIDA
COUNTY OF DADE:
I, RUTH B. ROULEAU, City C lerk and Finance Director in
and for the City of Miami Beach, Florida, do hereby certify that
Ordinance No. 16g0 entitled:
"AN ORDINANCE AMENDING CHAPTER 31A OF THE CODE OF THE CITY OF MIAMt BEACH BY
DELETING SECTtONS 31A-1 THROUGH 31A-21 THEREFROM AND ADDtNG NEW SECTIONS
THERETO TO BE NUMBERED 31A-1 THROUGH 31A-25 FOR THE PURPOSE OF ESTABLtSHING
A PURCHAStNG DIVISION 1N THE ADMINtSTRATIVE SERVICE OF TH E CITY OF MIAMI
BEACH, CREATING THE POSITION OF CITY PURCHASING AGENT, SETTING FORTH THE POWERS
AND DUTIES OF THE CITY PURCHAS ING AGENT, ESTABLISHtNG PURCHAS [NG PROCEDURES,"
having been passed and adopted by the City Council of the City of
Miami Beach, Florida, has been posted by me in three conspicuous
places in the City of Miami Beach, one of which was at the door
of the City Hall in said City on the 4th day af Apr i 1, 1968,
and that said Ordinance remained posted for a periad of at least
thirty days in accordance with the requirements of the City Charter
of the said City of Miami Beach.
IN WITNESS WHEREOF I have hereunto set my hand and
affixed the official seal of the City Qf Miami Beach, Florida,
on this the � �th day of Jul y, 1 g68.
City Clerk and �'inance Director
;
�
»
�
� - � v
. A. ,
' s
� a
•
. ,�
, �
T , •'� �'g
.�
��
- �
,' {
. , ' �,-�,:yt.a
r _
E ,
. + s , `�'�'�
, _ . +.',+ .�s.�s i o+ . �
�� _
- �i���� d�� � ,i,� ,. `. , ...� `.�,. . .y , r
:�
' � � Y�„�"yF,�:�" � � '3 �"#�;� ' ��'}�'p` �, ry�t p � i �^ _, `�
,
�
ryy�� � �� y�'� �t�. #� •���4`�� �yp v'�t'� a��� . - , { a
. . 4�*��� rf` A'���� ,�s •�A, r.. � i .
i� � �s� �3y +_ a �,
' ' `+'ra �tl �� �, �.»L`� , � ,
� �
y. .
a
i
` .. . � - �. .- . , � � , � •
�'.
�1
�
� �
i �
� v
�
v z
� �
� c� o
cQ rn 7v
o z c�
�� o
2 • Z
. -• �
� �
�1 C7�
_ � lU �
('� O
(D
v
� .•;���t=.. �s: _ :_. � ,, . , . ..; ..�-r+G.�, <s�.e;�..z�+�t.�aei _. . , . , _
� ^�4.
r