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Ordinance No. 5-83-12 v I ORDINANCE NO. 5-83-12 AN ORDINANCE PRESCRIBING RULES AND REGU- LATIONS FOR THE PURCHASE OR CONTRACT FOR SUPPLIES, MATERIALS, EQUIPMENT, SERVICES, AND PUBLIC IMPROVEMENTS; REPEALING SECTION 72 OF THE CHARTER ENTITLED "CONTRACTS FOR CITY IMPROVEMENTS", AND ARTICLE II, SECTION 8-4 THROUGH 8-8 OF THE CODE OF ORDINANCES ENTITLED "PURCHASING" WHEREAS, Section 70 of the Charter of the City of Atlantic Beach provides that the City Manager, pursuant to rules and regulations established by ordinance shall contract for, purchase, store and distribute all supplies, materials and equipment required by any office, department or agency of the City government, and WHEREAS, Section 71 of the Charter of the City of Atlantic Beach provides that before the City Manager or his appointed purchasing agent makes any purchase or contract for supplies, materials or equipment, he shall give ample opportunity for competitive bidding, under such rules and regulations, and with such exception, as the Commission may prescribe by ordinance, and WHEREAS, the City Commission of the City of Atlantic Beach finds that it is in the best interest of the City to establish rules and procedures for the purchase of supplies, materials, equipment, and improvements, and WHEREAS, the City of Atlantic Beach is a home rule municipality pursuant to the Constitution of the State of Florida and the Municipal Home Rule Power Act, NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AS FOLLOWS: Section 1. Section 72 of the Charter of the City of Atlantic Beach, entitled "Contracts for City Improvements", is hereby deleted in its entirety. Section 2. Article II, Section 8-4 through 8-8 of the Code of Ordinances of the City of Atlantic Beach be repealed and the following provisions substituted therefor: ARTICLE II Section 1. Formal Bid Procedure. All supplies and contractual services, except as otherwise provided herein, when the estimated cost thereof shall exceed two thousand five hundred dollars ($2,500) , shall be purchased by formal, written contract from the lowest responsible bidder after due notice inviting proposals. A. Notice Inviting Bids 1. Newspaper. Notice of inviting bids shall be published once in at least one news- paper of general circulation at least five (5) days preceding the last day set for the receipt of proposals. Such notice shall include a brief des- cription of such services or supplies and shall state where bidding informa- tion may be secured and the time and place of opening bids. B. Bid Deposits. Bid deposits or bid bonds shall be required on all public works contracts with the dollar amount in excess of two thousand five hundred dollars ($2,500) except for maintenance contracts. When bid bonds or bid deposits are required, said requirement shall be prescribed in the public notices inviting bids. Unsuccessful bidders shall be entitled to return of surety pursuant to the requirements set forth in the public notice inviting bids. Further, a success- ful bidder may be required to forfeit any surety required by the City upon failure on such bidder's part to enter a contract within ten (10) days after the award of said contract or as is otherwise required in the bidding documents. C. Bid Opening Procedure. 1. Seal. Bids shall be submitted sealed to the City Manager and shall be identified as bids on the envelope. 2. Opening. Bids shall be opened in public at the time and place stated in the public notice. 3. Tabulation. Tabulation of all bids received shall be available for public inspection and shall be furnished to all bidders upon request. D. Award of Contract. 1. Lowest Responsible Bidder. Contract shall be awarded to the lowest responsible bidder. In determining "lowest responsible bidder", in addition to price, the City Commission shall consider: a. The ability, capacity and skill of the bidder to perform the contract or provide the service required; b. Whether the bidder can perform the contract or provide the service promptly, or within the time speci- fied, without delay or interference; c. The character, integrity, reputa- tion, judgment, experience and efficiency of the bidder; d. The quality of performance of previous contract or services; e. The previous and existing compli- ance by the bidder with laws and ordinances relating to the con- tract or service; f. The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service; g. The quality, availability and adaptability of the supplies or contractual services to the parti- cular use required; h. The ability of the bidder to provide future maintenance and service for the use of the subject of the contract; 2. Tie Bids. If all bids received are for the same total amount or unit price, quality and service being equal, then the contract shall be awarded to one of the bidders by drawing lots in public. 3. Performance and Labor and Material Payment Bonds. The City Manager shall require a performance bond and a labor and material payment bond before entering a contract for a public improvement as required by Florida Statutes. E. Exceptions to Formal Bid Procedure. The formal bid procedure as defined in this section is not required in the following cases: 1. When the City Commission, by a vote of the majority of those members present, waives a formal bid procedure. 2. When the goods or services to be procured are procurable from only one source, such as contracts for telephone service, electrical energy, and other public utility services; hooks, pamphlets, periodicals, specifically designed business and research equipment and related supplies. 3. Where the services required are for professional, artistic skills or insurance, pursuant to a written contract. 4. In emergencies involving public health, safety or where immediate expenditure is necessary for repairs to City property in order to protect against further loss of or damage to the City property to prevent or minimize serious destruction of City services. 5. Contracts for the maintenance or servicing of equipment which are made with the manufacturer or authorized service agent of equipment when the maintenance or servicing can best be performed by the manufacturer or authorized service agent where such a contract would otherwise be advantageous to the City. 6. When the goods or services are procured from other governmental agencies or their contracts. 7. Purchase and contracts for the use or purchase of data processing equipment or data processing systems software and reproduction equipment. Section 3. Open Market Procedures. All purchases of supplies and contractual services of less than the estimated value of two thousand five hundred dollars ($2,500) may be made in the open market without newspaper advertisement and without observing the procedure pescribed by Section 2 for the award of formal contracts. The City Manager shall keep a record of all open market orders and orders for the purchase of supplies and services in accordance with the Public Records Act of the State of Florida and generally accepted accounting internal control procedures. Section 4. Scope of Purchasing Authority. The City Manager shall have the authority: A. To award contracts within the purview of this ordinance. Provided, however, that no purchase order or con- tract for an amount in excess of two thousand five hundred dollars ($2,500) be executed without City Commission approval unless there is an emergency involving public health, safety or where immediate expenditure is necessary for repairs to City property in order to protect against further loss of or damage to the City property to prevent or minimize serious destruction of City services. In that event, the City Manager shall report the action taken and expense incurred to the City Commission. B. To prepare purchase procedures necessary for the function of purchasing. C. To act or procure for the City the highest quality in supplies and contractual services at least expense to the City. D. To discourage uniform bidding and endeavor to obtain as full and open competition as possible on all purchases and sales. E. To establish all rules and regulations authorized by this ordinance and any others necessary to its operation. F. To prescribe and maintain such forms as he shall find reasonably necessary to the operation of this ordinance. G. To prepare and adopt standard purchasing nomenclature for using agencies and suppliers. H. To exploit the possibilities of buying in bulk so as to take full advantage of discounts. I . To sign on behalf of the City any contract authorized by the City Commission, excepting where the City Commission directs that some other officer or officers shall do so. Section 5. This ordinance shall become effective immediately upon its final passage. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Passed by the City Commission on First Reading January 9, 1984 Passed by the City Commission on Second 4 Final Reading February 13, 1984. ATTEST: // -s (SEAL) Adelaide R. Tucker City Clerk