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Ordinances of the City of Atlantic Beach be repealed and the following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.
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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:
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(SEAL) Adelaide R. Tucker
City Clerk