Ordinance 78-2132 ORDINANCE NO. 78-2132
AN ORDINANCE AMENDING CHAPTER 31A OF THE CODE
OF THE CITY OF MIAMI BEACH, FLORIDA, COMMONLY
KNOWN AS THE CITY'S PURCHASING ORDINANCE,
• UPDATING TERMINOLOGY; ESTABLISHING ADDITIONAL
DUTIES FOR THE AGENT; AUTHORIZING NEGOTIATION
IN CERTAIN CASES AND ESTABLISHING PETTY CASH
REGULATIONS.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA:
SECTION 1: That Section 31A-4 of the Code of the City of Miami
Beach, reading as follows:
"Sec. 31A-4 . ESTABLISHMENT OF A PURCHASING DIVISION.
There is hereby established a Purchasing
Division under the City Clerk-Finance Department. "
be and the same is hereby amended to read as follows:
"Sec. 31A-4 . ESTABLISHMENT OF A PURCHASING DIVISION.
There is hereby established a Purchasing
Division under the General Services Department. "
SECTION 2: That Section 31A-5-B of the Code of the City of Miami
Beach, reading as follows :
"3 . No Jurisdiction on Public Improvement Contracts.
Awarding of contracts involving public construc-
tions and improvements is not under the jurisdiction
of the Purchasing Division. All such contracts must
be authorized by the City Council and must adhere
to the formal bid and contract procedures contained
herein. "
be and the same is hereby amended to read as follows:
"3 . No Jurisdiction on Public Improvement Contracts .
Awarding of contracts involving public construc-
tions and improvements is not under the jurisdiction
of the Purchasing Division. All such contracts must
be authorized by the City Commission and must adhere
to the formal bid and contract procedures contained
herein. The Agent shall have the responsibility of
ensuring this adherence to procedures. "
SECTION 3: That Chapter 31A is hereby amended by adding a new
paragraph thereto, to follow immediately after Section
31A-5-C-12, to be numbered and to read as follows:
"13 . Revisory Power in Agent. The Agent shall
examine each requisition or estimate and
shall have the authority to revise it as to quantity
or quality, but revision as to quality shall be in
accordance with any standards or specifications
established pursuant to this ordinance. The Agent
shall further have the authority to require from
the requesting agency any justification as may be
needed to ascertain that the contemplated purchase
falls within acceptable municipal requirements. "
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -M AMI BEACH,FLORIDA 33139
SECTION 4 : That Section 31A-9 of the Code of the City of Miami
Beach, reading as follows:
"2 . Opening. Bids shall be opened in public
at the time and place stated in the public
notices, and shall be witnessed and certified. "
be and the same is hereby amended to read as follows:
"2 . Opening. Bids shall be opened in public
at the time and place stated in the public
notices or to a publicly announced continued
time certain for such lawful reason approved by
the City Attorney, and shall be witnessed and
certified. "
SECTION 5: That Section 31A-9 (b) of the Code of the City of Miami
Beach, reading as follows:
" (b) Bid Deposits. When deemed necessary by the
Agent, bid deposits shall be prescribed in
the public notices inviting bids. Unsuccessful
bidders shall be entitled to return of surety
where the Agent has required such. A successful
bidder shall forfeit any surety required by the
Agent upon failure on his part to enter a contract
within ten (10) days after the award. "
be and the same is hereby amended to read as follows:
" (b) Bid Deposits. When deemed necessary by the
Agent, bid deposits shall be prescribed in
the public notices inviting bids. Unsuccessful
bidders shall be entitled to return of surety
where the Agent has required such. A successful
bidder shall forfeit any surety required by the
Agent upon failure on his part to enter a contract
within thirty (30) days after the award. "
SECTION 6 : That said Chapter 31A be and the same is hereby amended
by adding thereto immediately following Section 31A-10 (b) ,
the following paragraph, to be numbered and to read as follows:
" (c) The Agent, with approval of the City Manager
or Commission, dependent on the total
expenditure involved shall have the power to
negotiate those contracts and purchases where only
one bid response is received and/or where only one
source for the product or service is evident. "
SECTION 7: That said Chapter 31A be and the same is hereby amended
by adding a new section thereto immediately following
Section 31A-25, to be numbered and to read as follows:
"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
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139
,
amounts as required for each agency. This fund
shall be used for the cash purchase of incidental
needs not to exceed $25. 00 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 8 : That all ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed.
SECTION 9 : That this ordinance shall go into effect ten days after
its passage.
PASSED and ADOPTED this 20th day of September , 1978 .
tl, '
44a.,
Attest:
--...ej,‘
City Clerk
1st Reading - September 6, 1978
2nd Reading - September 20, 1978
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE MIAMI BEACH,FLORIDA 33139
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