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Ordinance 78-2131 ORDINANCE NO. 78-2131 AN ORDINANCE AMENDING CHAPTER 31A OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, COMMONLY KNOWN AS THE CITY 'S PURCHASING ORDINANCE, CHANGING BID LIMITS ON FORMAL CONTRACTS TO $5, 000; CHANGING AWARDS RESPONSIBILITIES OF THE MANAGER AND AGENT AND AUTHORIZING TELEPHONE QUOTATIONS UP TO $1, 000. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1: That Section 31A-9 of the Code of the City of Miami Beach, reading as follows: "Sec. 31A-9 . FORMAL CONTRACT PROCEDURE. All supplies and equipment except as other- wise provided herein, when the estimated cost thereof shall exceed Three Thousand Dollars ($3, 000. 00) 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 Council 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 Three Thousand Dollars ($3, 000. 00) , shall be accomplished by formal written contract to the highest bidder, after due notice inviting proposals has been published as required by law. " be and the same is hereby amended to read as follows: "Sec. 31A-9 . FORMAL CONTRACT PROCEDURE. All supplies and equipment except as other- wise provided herein, when the estimated cost thereof shall exceed Five Thousand Dollars ($5, 000. 00) 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 pro- perty) which has become obsolete and unusable, when the estimated value shall exceed Five Thousand Dollars ($5, 000. 00) , shall be accomplished by formal written contract to the highest bidder, after due notice inviting proposals has been published as required by law. " SECTION 2 : That Section 31A-10 of the Code of the City of Miami Beach, reading as follows : "Sec. 31A-10. REJECTION OF BIDS AND NEGOTIATION. (a) If the bid is $3, 000. 00 or less, the City Manager shall have the authority to reject any and all bids. If the bid is in excess of $3, 000. 00, the City Council shall have the authority to reject any and all bids. " • X OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139 be and the same is hereby amended to read as follows: "Sec. 31A-10. REJECTION OF- BIDS AND NEGOTIATION. (a) If the bid is $5, 000. 00 or less, the City Manager shall have the authority to reject any and all bids. If the bid is in excess of $5, 000. 00, the City Commission shall have the authority to reject any and all bids. " SECTION 3: That Section 31A-12 of the Code of the City of Miami Beach, reading as follows: "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 contracts, when the sum is in excess of $1, 000. 00 and not exceeding $3, 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 three thousand dollars, the City Council 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 annual basis from Metropolitan Dade County, State of Florida, or Federal General Services Administration Bid List may be approved by the City Manager without any action by the City Council, even though the total cost of such commodities, materials, supplies or other items may exceed three thousand dollars over a one year period. In determining the lowest and best bidder, in addition to price, there shall be considered the following: " be and the same is hereby amended to read as follows: "Sec. 31A-12. AWARD OF CONTRACT. All contracts, when the sum is $3, 000. 00 or less, shall be awarded by the Purchasing Agent to the lowest and best bidder. All contracts, when the sum is in excess of $3,000. 00 and not exceeding $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 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 $5, 000. 00 over a one-year period. In determining the lowest and best bidder, in addition to price, there shall be considered the following: " - 2 - • OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 SECTION 4 : That Section 31A-13 of the Code of the City of Miami Beach, reading as follows: "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. " be and the same is hereby amended to read as follows: "2 . Tie Bids. Award of all tie bids of $3, 000. 00 value or less shall be made by the Agent. All tie bids in excess of $3, 000. 00 but not exceeding $5, 000. 00 shall be awarded by the City Manager. SECTION 5 : That Section 31A-19 of the Code of the City of Miami Beach, reading as follows: "Sec. 31A-19. PURCHASE OF SUPPLIES AND CONTRACTUAL SERVICES BETWEEN $1, 000. 00 and $3, 000. 00 When the estimated cost of supplies and contractual service exceed $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 respon- sible bidder, without formal contract under the following conditions: " be and the same is hereby amended to read as follows: "Sec. 31A-19. PURCHASE OF SUPPLIES AND CONTRACTUAL SERVICES BETWEEN $3, 000 and $5, 000. When the estimated cost of supplies and contractual service exceeds $3, 000 . 00 and does not exceed $5, 000. 00, contract for same may be awarded by the City Manager to the lowest and best respon- sible bidder, without formal contract under the following conditions: " SECTION 6 : That Section 31A-20 of the Code of the City of Miami Beach, reading as follows: " (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 suppliers lists . All oral bids in excess of $100. 00 shall be con- firmed in writing. " be and the same is hereby amended to read as follows: " (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 suppliers lists. " - 3 - xt,- • OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139 SECTION 7: That Section 31A-20 of the Code of the City of Miami Beach, reading as follows: "Sec. 31A-20. OPEN MARKET PROCEDURES . 1. All purchasing of supplies and con- tractual services of a total estimated value of more than $25. 00 and less than $1, 000 . 00 and all sales of personal property which have become obsolete and unusable of less than the estimated value of $1, 000. 00 may be made in the open market without newspaper advertisement and with- out observing the procedure prescribed by this chapter for formal purchasing or sales procedures. " be and the same is hereby amended to read as follows: "Sec. 31A-20. OPEN MARKET PROCEDURES. 1. All purchasing of supplies and con- tractual services of a total estimated value of more than $100 . 00 and not exceeding $5, 000 .00 and all sales of personal property which have become obsolete and unusable of an estimated value not exceeding $5, 000 . 00 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. " SECTION 8 : That Section 31A-21 of the Code of the City of Miami Beach, reading as follows: "Sec. 31A-21. EMERGENCY PURCHASES (a) By City Manager. In case of an apparent emergency which requires 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 $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 the City Council. " be and the same is hereby amended to read as follows: "Sec. 31A-21. EMERGENCY PURCHASES (a) By City Manager. In case of an apparent emergency which requires 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 $5, 000 .00 . 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 $5, 000 . 00 . " - 4 - • OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE MIAMI BEACH,FLORIDA 33139 SECTION 9: That Section 31A-23 of the Code of the City of Miami Beach, reading as follows: "Sec. 31A-23 . SURPLUS STOCK. All 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, worn out or scrapped. (a) Transfer. The Agent 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 .00 which have become unsuitable for public use, or to exchange the same for, or trade in the same on, new supplies. Sales under this section shall be made to the highest responsible bidder and in conformance with competitive conditions. Sales of supplies of a value in excess of $1, 000 .00 (not exceeding $3, 000.00) shall require approval of the City Manager. Sales in excess of $3, 000 .00 shall require approval of the City Council. " be and the same is hereby amended to read as follows: "Sec. 31A-23 . SURPLUS STOCK. All 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, worn out or scrapped. (a) Transfer. The Agent shall have the authority to transfer surplus stock to other using agencies. (b) Sale. The Agent shall have the authority to sell all material of a value not exceeding $5, 000 . 00 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 $3, 000. 00 (not exceeding $5, 000. 00) shall require approval of the City Manager. Sales in excess of $5, 000 .00 shall require approval of the City Commission. " SECTION 10 : That all. ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 11: That this ordinance shall go into effect ten days after its passage. PASSED and ADOPTED this 20th day of Se tember , 1978 . Ai, . ...4444., Attest: Mayor 1st Reading - September 6, 1978 - Ll ,. . .,1,..-(------7-"e ,44----4) 2nd Reading - September 20, 1978 City Clerk - 5 - • OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139 f • c rn a) c o•- 0 C 0')O t c o a) r> (0os a) >-t ll\ a) C tn-4- a-) O (1) 0 E O O O E C -u U) c O (0 c) •- M U C (o •— N d-1 d-) N •"O (3 •— •L I (1) L N O - JcoiO L .-. .0 n O a-) +J Z V t7) C •- 7.. C O fn c0 O U- O CO•— U C O — Z � fn 0 -0O (--) •-• o C ® W .'S (0 (f) (0 r- U < U E a) v)- Z•— L L L {J < M O C O Z •<L 4- N (I) 4-J — 4-J 73 CT) CL U) C L Q Q CC (.0— O (0 of ). :3 L) •{-� V) (0 C N +J (0 C rn c.) •— ) 0 C E C L .- - a) •- 'C C •CT) 0) (0 C 4-r C (0 4-J a) 73 CO C O E n •— C (0 7 < CO U 0"