Ordinance 85-2472 ORDINANCE NO. 35-2472
AN ORDINANCE OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 31A OF THE MIAMI
BEACH CITY CODE BY AMENDING SECTIONS 31A-3 ,
31A-4 , 31A-5 , 31A-9 , 31A-10 , 31A-12 , 31A-13 ,
31A-19 , 31A-20 , 31A-21, 31A-23 AND 31A-26
RELATING TO CITY PURCHASING PROCEDURES, IN-
CLUDING INCREAS ING AMOUNT FROM $5 ,000 TO $10 ,000
OF CONTRACTS WHICH CAN BE AWARDED OR
REJECTED BY THE CITY MANAGER; REPEALING ALL
ORDINANCES IN CONFLICT THEREWITH; PROVIDING
FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA:
SECTION 1.
That Sec. 31A-3 of the Miami Beach City Code is hereby
amended to read as follows:
Sec. 31A-3 . Definitions.
For the purposes of this chapter , 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 include the
singular number , and words in the singular number
include the plural number. The word "shall" is always
mandatory and not merely directory.
City. The City of Miami Beach, Florida.
City eetite}1 commission. The city eetine4
commission of the City of Miami Beach.
City manager . The city manager of the City of
Miami Beach.
Contractual services. Include all telephone,
gas, water , electric light and power service, towel
and cleaning service, insurance and other like
services. The term services shall not include
professional services which are unique , in their nature
and not subject to competition. •
OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH, FLORIDA 33139
Purchasing agent or agent. The purchasing agent
of the City of Miami Beach.
Supplies. Include all supplies, materials and
equipment.
Using agency. Any department, agency,
commission, board, committee, authority, or other unit
in the city government using supplies or procuring
contractual services as provided for in this chapter .
SECTION 2.
That Section 31A-4 , of the Miami Beach City Code is
hereby amended to read as follows:
Sec. 31A-4 . Purchasing division established.
There is hereby: established a purchasing division
under the general serviees department direction of the
city manager.
SECTION 3 .
That existing Section 31A-5 (3) is hereby deleted and
that Section 31A-5 (4) is hereby renumbered as Section 31A-5 (3)
of the Code of the City of Miami Beach, reading as follows:
Sec. 31A-5 . Purchasing agent.
37 Ne jurisdietien en peblie imprevement
eentraets- Awarding of eentraets invelving publie
eenstrre€les and imprevements is net under the
juriselietien of the pstehasing disisien- All saeh
eentnaets must be artherieee7 by the eity eemmissien
and must adhere to the €ermal bid and eentraet
preeeelures eentained herein- The agent shall have the
resensibility of ensuring this adherenee to
preeedures-
4-3 . Unauthorized purchases. Except as herein
provided it shall be unlawful for any city officer or
other person to order the purchase of any material or
supplies or make any contract for municipal materials
or supplies within the purview of this chapter other
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
than through the purchasing division, and the city
shall not be bound by any purchase order or contract
made contrary to the provisions herein.
SECTION 4 .
That the following portion of Section 31A-9 of the
Code of the City Miami Beach is hereby amended to read as
follows.
Sec. 31A-9. Formal contract procedure.
All supplies and equipment except as otherwise
provided herein, when the estimated cost thereof shall
exceed five ten thousand dollars shall be purchased by
formal, written contract and/or purchase order from
the lowest and best: responsible bidder , after due
notice inviting proposals; provided, however , that the
city commission shall have authority to waive
execution of formal contract in cases where it deems
it advisable to do so. All sales of personal property
(except trade-in personal property) which has become
obsolete and unusable, when the estimated value shall
exceed five ten thousand dollars, shall be
accomplished by formal written contract to the highest
bidder , after due notice inviting proposals has been
published as required by law.
SECTION 5.
That Section 31A-10 (a) and (b) of the Miami Beach City
Code is hereby amended to read as follows:
Sec. 31A-10 . Rejection of bids; negotiation.
(a) If the bid is €4Te ten thousand dollars or
less, the city manager shall have the authority to
reject any and all bids. If the bid is in excess of
f+ve ten thousand dollars, the city commission shall
have the authority to reject any and all bids.
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH, FLORIDA 33139
(b) If the lowest and best bid exceeds the
budgeted amount and the city eetlee l commission does
not make additional funds available, the appropriate
authority designated in subsection (a) shall have the
power to readvertise the items for bidding after
making substantial changes in the project plans to
bring the cost within the limit of the money
available.
SECTION 6 .
That Section 31A-12 of the Miami Beach City Code is
hereby amended to read as follows:
Sec. 31A-12. Award of contract.
All contracts, when the sum is three thousand
dollars or less, shall be awarded by the purchasing
agent to the lowest and best bidder . All contracts,
when the sum is in excess of three thousand dollars
and not exceeding f tfe ten thousand dollars shall be
awarded by the city manager , or his/her designee, to
the lowest and best bidder. When the amount of a
contract is in excess of € iee ten thousand dollars,
the city commission shall award the contract to the
lowest and best bidder , or may delegate to the city
manager the power to award such contract .to the lowest
and best bidder; provided, however , that the purchase
of commodities, materials, supplies or other items on
a continuing basis from Metropolitan Dade County or
State of Florida or Federal General Services
Administration bid list may be approved by the city
manager without any action by the city commission,
even though the total cost of such commodities,
materials, supplies or other items may exceed five ten
thousand dollars over a one-year period. In
determining the lowest and best bidder, in addition to
price, there shall be considered the following:
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH, FLORIDA 33139
(a) The ability, capacity and skill of the
bidder to perform the contract.
(b) Whether the bidder can perform the contract
within the time specified, without delay or
interference.
(c) The character , integrity, reputation,
judgment, experience and efficiency of the bidder .
(d) The quality of performance of previous
contracts.
(e) The previous and existing compliance by the
bidder with laws and ordinances relating to the
contract.
SECTION 7.
That Section 31A-13 of the Miami Beach City Code is
hereby amended to read as follows:
Sec. 31A-13 . Award of contract to other than low
bidder.
When the award is not given to the lowest bidder,
a full and complete statement of the reasons for
placing the order elsewhere shall 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 relating to the transaction.
Award of all tie bids of three thousand dollars
value or less shall be made by the agent. All tie
bids in excess of three thousand dollars but not
exceeding fiee ten thousand dollars shall be awarded
by the city manager , or his/her designee.
SECTION 8.
That Section 31A-19 of the Miami Beach City Code is
hereby amended to read as follows:
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
Sec. 31A-19. Purchase of supplies and contractual
services between three five and f}*ae ten thousand
dollars.
When the estimated cost of supplies and
contractual service exceeds three five thousand
dollars and does not exceed €lae ten thousand dollars,
contract for same may be awarded by the city manager ,
or his/her designee, to the lowest and best
responsible bidder , without formal contract under the
following conditions.
(a) The agent must send out notices inviting
bids by mail to at least three dealers believed to
handle the products : desired, at least five working
days before the bids are to be received, such notices
to specify the kind and quality of materials, supplies
and contractual services desired, and shall make
written certification of such fact.
{b} The agent; 4n addltles; may sellelt bids
by mall ee telephene Teem prespeetlye venders-
{e} (b) 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.
-(d)- (c) All provisions of this chapter pertaining
to the bidders ' lists, bid deposits and bid opening
procedure, where not in conflict with this section,
shall be applicable.
{e} (d) The city manager , or his/her designee,
shall award the contract to the lowest and best
responsible bidder which shall be recorded in the
minutes of the file.
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH, FLORIDA 33139
SECTION 9 .
That Section 31A-20 is hereby amended to read as
follows and :
(1) All purchasing of supplies and contractual
services of a total estimated value of mere than ene
hundred della;<s and not exceeding five thousand
dollars may be made in the open market without
newspaper advertisement and without observing the
procedure prescribed by this chapter for formal
purchasing or sales procedures.
(a) Minimum number of bids. All open
market procedures or sales shall whenever possible, be
based on at least three competitive bids and shall be
awarded to the lowest responsible bidder in accordance
with the standards set forth in this chapter or to the
highest responsible bidder in case of a sale.
(b) 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 supply lists.
(c) Public record. The agent shall keep a
record of all open market bids submitted in
competition thereon, and such records shall be open to
public inspection.
*2* Eertaln perehases with the appreval of the
agent may he made by the departments fer immediate
need of supplies; materials and eentnaetsal servlees
net to e:teeed the maximum valve of ene hundred
dellars-
SECTION 10.
That Section 31A-21 (a) of the Miami Beach City Code is
hereby amended to read as follows:
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139
Sec. 31A-21. Emergency purchases.
(a) By city manager. In case of an apparent
emergency which required immediate purchase of
supplies or contractual service, the city manager
shall 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 ffve ten thousand dollars. The
city manager has the authority to act in the case of
an emergency that might affect the health, safety, and
welfare of the city. Such action shall be reported at
the next regular meeting of the city commission when
supplies or services exceed flre ten thousand dollars.
SECTION 11.
That Section 31A-23 (b) of the Miami Beach City Code is
hereby amended to read as follows:
Sec. 31A-23. Surplus stock.
(b) Sale. The agent shall have the authority to
sell all material of a value not exceeding ffiee ten thousand
dollars which has become unsuitable for public use, or to
exchange the same for , or trade in the same on, new material.
Sales under this section shall be made to the highest
responsible bidder and in conformance with competitive
conditions. Sales of material of a value in excess of three
thousand dollars (not exceeding fife ten thousand dollars) shall
require approval of the city manager , or his designee. Sales in
excess of ten thousand dollars shall require approval of the
city commission.
SECTION 12 .
That Section 31A-26 of the Miami Beach City Code is
hereby amended to read as follows:
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139
Sec. 31A-26 . Small expenditures revolving fund.
There shall be established a revolving fund known
as the small expenditures revolving fund. This fund
shall be apportioned to city agencies authorized to
participate by the city manager in amounts as required
for each agency. This fund shall be used for the cash
purchase of incidental needs not to exceed twenty-f4ye
fifty dollars per expenditure.
The city finance department shall reimburse each
agency 's revolving fund upon receipt of a statement of
expenditures approved by the agent.
The agent shall promulgate rules and procedures
for the use of the small expenditures revolving fund
with the approval of the city manager.
SECTION 13. All ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed.
SECTION 14 . If any section, part of section, paragraph,
clause, phrase, or word of this ordinance is declared invalid,
the remaining provisions of this ordinance shall not be affect-
ed.
SECTION 15 . Effective Date.
This Ordinance shall take effect 10 days after its adoption, on
April 13 , 1985 .
PASSED AND ADOPTED this 3rd day of April , 1985.
MAYOR
ATTEST:
37-4L-711;1(2 -1 221 V
CITY CLERK
JKO: kt
8314A
1st Reading - March 20, 1985
2nd Reading - April 3, 1985 „ -
FORM APPROVED
ED
LEGAL DEPT.
H - b /
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Date '314 ' .
OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
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