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01-03-84 v MINUTES OF THE COMMITTEE OF THE WHOLE MEETING OF THE ATLANTIC BEACH CITY COMMISSION HELD AT THE CITY HALL ON JANUARY 3, 1984 AT 7: 15 P.M. PRESENT: William S. Howell, Mayor-Commissioner Robert B. Cook, Sr. William I. Gulliford, Jr. John W. Morris, Jr. , Commissioners AND: A. William Moss, City Manager Claude L. Mullis, City Attorney Adelaide R. Tucker, City Clerk ABSENT: Catherine G. Van Ness, Commissioner Mayor Howell called the meeting to order at 7: 15 p.m. for the purpose of dis- cussing the proposed "Purchasing Ordinance" which was presented to the Commis- sion on December 12, 1983. A general discussion was held on the entire Ordinance. Problem areas were considered item by item as follows: Article II- Section 1.Formal Contract Procedure - increase the limit of $1,000 to $2,500 before going to bid was left as submitted. (This will protect non- recurring emergency repairs and/or purchased.) Article II-Section 1.A. 1- add to the word newspaper "the widest general circulation in the area". "Mail out invitations to bid" should be listed in this section also. Notice of five (5) days left in as submitted. Article II - Section 1.B.Bid Deposits- Suggested that bid deposits should not be required on the city's purchase of capital items. Perhaps letter of credit. Article II - Section 1.C.Bid Opening - Suggestion was made to change back to the old procedure to open bids at Commission meetings. Commissioner Gulliford moved to recommend to the Commission that we return to the old method that bid openings will be held at Commission meetings. 3. Tabulation- after the word "bidders" add "upon request". Article II - Section D.Award of Contract- Add "those bids over $2,500". Change the phrase "City Manager shall consider" to"City Commissions shall consider". Article II -Section D.2. Delete. Article II - Section D. 3ATie Bids - Delete. Local vendors and rewrite B.Outside Vendors Article II - Section D. 4- rewrite to comply with the State Law. Article II - Section E.- Change "Exceptions to Formal Contract Procedure" to read "Exceptions to Formal Bidding Procedure". Move item 7 up to the top. Change the word "When" to "If" the City Commission Item 1 - delete the word "economically" on second line. Article II - Section 3.Fifth line -"The City Manager shall retain such records as required by the State Law that constitutes public records and good accounting procedures" Article II - Section 4.A. first line - delete "and other law". 4.C. Delete. 4.J.Delete. Article II - Section 4.K. The City Attorney stated that under the State Law contracts are counter signed by the Director of Finance that the funds are available and appropriated for the purpose of making the payments thereunder. PAGE TWO MINUTES-COM.OF THE WHOLE JANUARY 3, 1984 The Mayor requested the City Attorney to search the Charter for provisions on who signs on behalf of the City in order for amendments to be made simultaneously. There being no other business to come before the Commission,the Mayor declared the meeting adjourned at 9:15 p.m. / / William . Howell Mayor-Commissioner ATTEST: Adelaide R. Tucker City Clerk CITY OF , tEa tic 'each - 9101.ea'a 716 OCEAN BOULEVARD < — —— P.O.BOX 25 ATLANTIC BEACH,FLORIDA 32233 TELEPHONE(904)249-2395 • December 12, 1983 MEMORANDUM TO: The Honorable Mayor and City Commission FROM: A. William Moss, City Manager SUBJECT: Proposed Ordinance Prescribing Rules and Regulations for the Purchase or Contract for Supplies, Materials, Equipment, Services, and Public Improvements Section 70 of the City Charter (attached) authorizes the City Manager to purchase supplies, materials and equipment pursuant to rules established by ordinance. Section 71 requires competitive bidding under rules and regulations prescribed by ordinance. Section 72 requires any improvement costing $1,000 or more be made by contract to the lowest responsible bidder after such notice and competition as may be prescribed by ordinance. Section 8-4 through 8-10 of the Code (attached) establish several rules and regulations for purchasing. The existing rules and procedures established by charter and ordinance have several shortcomings. These include: 1. Lack of rules regarding the notice and advertising of bids. 2. Lack of requirement for sealed, competitive bids with public opening of bids. 3. Lack of definition of "lowest responsible bidder". 4. Absence of bid opening procedure. 5. Lack of allowable exceptions to the former contract procedure. 6. Absence of clearly defined responsibilities and scope of authority to contract for supplies, services and public improvements. 7. Absence of procedures governing emergency purchase of supplies and services. . 8. Unreasonable limitation of $1,000 bid limit established for public improvements by charter,5 years ago. Ordinance No. 5-83-12 is presented for consideration by the City Commission. It is your City Manager's opinion that the ordinance establishes those controls necessary and appropriate to help ensure standardization of purchasing procedures, effective operating procedures, and public confidence in the expenditure of public funds. Respectfully, /(f• /1-441--A/L A. William Moss City Manager AWM:jl 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 Contract 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 of - responsible purchased by formal, written contract from the lowest 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 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. ,p B. Bid Deposits. Bid deposits or bid bonds shall be a^ ' required on all public works contracts with the dollar amount in excess of two thousand five 110,5;e4.1)/ hundred dollars ($2,500) except for maintenance V contracts. When bid bonds or bid deposits are144:141 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 ,incl; shall be furnished to all bidders.' iP D. Award of Contract. 1. Lowest Responsible Bidder. Contract shall be awarded to the lowest responsible bidder. In �� determining "lowest responsible bidder", ins. _ addition to price, the City Melia-ger- 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. Awar o Other Than Low Bidder. to �� is not gi n to the lowest bidder, a full and complete stat nt of the reasons for placing the order eigewhe shall be prepared by the City Manager and filed w t e other papers related to the transaction. 3. Tie Bids. a. Local Vendors. If all bids received are for the same total amount or unit price, quality'tdservice being o '^" equal, the contract shall be awarded to a local bidder. b. Outside Vendors. When subsection 3a is not in effect the City Manager /11);)ri( shall award the contract to one of the tie bidders by drawing lots in public. 4. 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 in such c/4)amount as he shall find necessary to pro r.1\ Yom',i'"('4"4" tect the best interest of the City, except the City Manager may waive such bonds in accordance with Florida Statutes. , E. Exceptions to Formal -Gent -t on Procedure. The formal ... contract procedure as defined in this section is not required • 1. When the goods or services to be procured are eaelafamie-=71; procurable from only one source, such as contracts for telephone service, electrical energy, and other public utility services; books, pamphlets, periodicals, specifically designed business and research equipment and related supplies. 2. Where the services required are for professional, artistic skills or insurance, pursuant to a written contract. 3. 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. 4. 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. 5. When the goods or services are procured from other governmental agencies or their contracts. 6. Purchase and contracts for the use or purchase of data processing equipment or data processing systems software and reproduction equipment. 1 , 7. .Ac the City Commission, by a vote of the majority of those members present, waives a formal contract procedure. 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 prescribed by Section 2 for the award of formal contracts. The City Managex_shall keel a- record of all open market orders and orders- for--the purchase-of su lles- and services. Of/ qf:T�� C/R.. Section 4. Scope of Purchasing Authority. The City Manager shall have the authority: A. To award contracts within the purview of this ordinance,a&, 441-h :. 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-'Fo"s�1±-e.r-_dispc s-e_o£ all obsolete or unusable-personal property in accordance with the "laws of the Sta.te,or tl-e ordinances or resolutions of the City.. 4.,.�,c,„..., D. To act or procure for the City the highest quality in supplies and contractual services at least expense to the City. E. To discourage uniform bidding and endeavor to obtain as full and open competition as possible on all purchases and sales. F. To establish all rules and regulations authorized by this ordinance and any others necessary to its operation. G. To prescribe and maintain such forms as he shall find reasonably necessary to the operation of this ordinance. H. To prepare and adopt standard purchasing nomenclature for using agencies and suppliers. I. To exploit the possibilities of buying in bulk so as to take full advantage of discounts. J. In addition to the authority otherwise c -erred in this article, the City Manager shall have e authority: 1) To declare vendors who def It on their quota- tions irresponsible bid rs and to disqualify them from receiving a business from the munici- pality for a statederiod of time. 2) To reject all bids, pats of bids, or all bids from any one ,cat more suppliers for contractual services ityluded in the proposed contract when the public interest will be served thereby. 3) To r ect the bid of a contractor or supplier who i in default on the payment of taxes, licenses, or 004 V":e(ltdilA/4)(;)VS qied'efr 'fv,r4>1"*° 1;4;11/ p4;01fr CA911:"14' ather-mone to the K. 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 Passed by the City Commission on Second & Final Reading ATTEST: (SEAL) Adelaide R. Tucker City Clerk E 65 At1.,ntic P a+ch City Code § 69 Sec . _65 . Allotments constitute basis of expenditures and are subject to revision . The city manager shall authorize all expenditures for the offices, departments and agencies to be made from the appropriation on the basis of approved allotments and not otherwise. An approved allotment may be revised during the budget year in, • the same manner as the original allotment was made. If, at any time during the hid- get year, the city manager shall ascertain that the available income, plus balances, for the year will be less than the total appropriations, he shall reconsider.the work program and allotments of the several offices, departments and agencies and revise the allotments so as to forestall the making of expenditures in excess of the said in- cum e. Sec . 66 . Transfers of appropriations . The city manager may at any time transfer any unencumbered appropriation bal- ance, or portion thereof, between general classifications of expenditures within an office, depai tn,ent or agency. At the request of the city manager, the city commis- sion by resolution may at any time transfer any unencumbered appropriation balance, or portion thereof, from one office, department or agency to another office, depart- ment or agency. (Sp. Acts 1961, ch. 61-1863. ) Sec . 67 . When contracts and expenditures prohibited. No officer, department, or agency shall, during any budget year, expend or con- tract to expend any money or incur any liability, or enter into any contract which by its terms involves the expenditure of money, for any purpose, in excess of the amounts appropriated for that general classification of expenditure pursuant to this Charter. Any contract, verbal or written, made' in violation of this Charter shall be null and void. Any officer or employee of the city who shall violate this section shall be guilty of a misdemeanor and, upon conviction thereof, shall cease to hold his office or em- ployment. Nothing in this section contained, however, shall prevent the making of contracts or the spending of money for capital improvements to be financed in whole or in part by the issuance of bonds, nor the making of contracts of lease or for ser- vices for a period exceeding the budget year in which such contract is made, when such contract is permitted by law. Sec . 68 . Appropriations lapse at end of year. All appropriations shall lapse at the end of the budget year to the extent that they shall not have been expended. Sec . 69 . Fees shall be paid to city government. All fees received by an officer or employee shall belong to the city government and shall be paid daily to the- city treasury. 24 • ' § 70 The Charter § 73 Sec . 70 . Division of purchases . The city manager or his appointed purchasing agent, 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. The purchasing agent shall. also have power and shall be required to: (1) Establish and enforce specifications with respect to supplies, materials, and equipment required by the city government; (2) Inspect or supervise the inspection of all deliveries of supplies, materials, and equipment, and determine their quality, quantity and confor- mance with specifications; (3) Have charge of such general storerooms and warehouses as the commission may provide by ordinance; (4) Transfer to or between offices, departments or agencies. Sec . 71 . Competitive bidding . Before the city manager or his appointed purchasing agent makes any purchase of or contract for supplies, materials or equipment, he shall give ample opportunity for competitive bidding, under such rules and regulations, and with such exceptions, as the commission may prescribe by ordinance. Sec . 72 . Contracts for city improvements . Any _city improvement costing more than one thousand dollars shall be executed by contract, except where such improvement is authorized by the com- mission to be executed directly by a city department in conformity with detailed plans, specifications and estimates. All such contracts for more than one thousand dollars shall be awarded to the lowest responsible bidder after such public notice and competition as may be prescribed by ordinance, provided the city manager, with approval of the city commission, shall have the power to re- ject all bids and advertise again. Alterations in any contract may be made when authorized by the commission upon the written recommendation of the city manager. Sec . 73 . Accounting control of purchases . All purchases made and contracts executed by the city manager or his appointed purchasing agent shall be pursuant to a written requisition from the head of the office, department or agency whose appropriations will be charged, and no contract or order shall be issued to any vendor unless there is to the credit of such office, department or agency a sufficient unencumbered appro- 25 Supp . 47, 5-78 • 6 8-4 Finance and Taxation § • 8--8 any other purpose other than for the protection against fallout or other disaster shall be assessed the same as all other real property within the city . (Ord. No. 30-61-1, § 2.) Article H. Purchasing.4 Sec . 8 - 4 . Two or more bids required for purchases over one thousand dollars ; exception . Two or more bids shall be required on all purchases of supplies, ma- terials and equipment in excess of one thousand dollars; except, that under special conditions the commission may waive this requirement. (Ord. No. 5- 57-2, § 1; Ord. No. 5-79-6, § 1.) Sec . 8- 5 . City improvements of over one thousand dollars to be executed by contract ; exceptions . Any city improvement costing in excess of one thousand dollars shall be executed by contract, except where such improvement is authorized by the city commission to be executed by a city department in conformity with detailed plans, specifications and estimates. (Ord . No. 5-57-2, § 2.) • Sec . 8- 6 . Contracts to be awarded lowest responsible bidder . All contracts shall be awarded to the lowest responsible bidder that can best serve the interest of the city. (Ord. No. 5-57-2, § 3.) Sec . 8- 7 . Rejection of bids and readvertisement . The city manager, with the approval of the city commission, shall have the power to reject all bids and advertise again. (Ord. No. 5-57-2, § 4.) Sec . 8- 8 . Alterations in contracts . Alterations in any contract may be made when authorized by the city com- mission upon the written recommendation of the city manager. (Ord. No. 5-57- 2 , § 5.) • 4. For charter provision authorizing city,commis- sion to provide rules and regulations for pur- chases and sales made on behalf of city, see Char. , § 9(13). As to purchasing generally, see Char. , §§ 70 to 74. 93 Supp. #8, 10-79 .,. 5 ,,S-9, Atl;intic Beach City Code 5 8-11 Sec . 8 - 9 . Authc,rity of purchasing agent to make purchases not exceeding one thousand dollars . The purchasing agent, with approval of the city manager, may make purchases not to exceed one thousand dollars for any one purchase upon written requisition of a department head when the chargeable budget account has an adequate unencum- bered balance. (Ord. No. 5-57-2, § 6; Ord. No. 5-79-6, § 6.) • Sec . 8- 10 . Payments . • Upon receipt of an invoice, confirmed by an approved purchase order and proof that the materials, supplies or equipmenthave been received or work completed, the city treasurer shall pay such indebtedness, taking advantage of all discounts allowed. (Ord. No. 5-57-2, § 7.) Article III. Cigarette Tax. S Se_c . 8 - 11 . Imposed ; amount. An excise or privilege tax, in addition to all other taxes of every kind imposed by law, is hereby levied and imposed upon the sale, receipt, purchase, possession, consumption, handling, distribution and use of cigarettes in the city for cigarettes of standard dimensions as defined by the general law of the state in the following amounts: (a) (1) Upon all cigarettes four inches long or less, five and one-half mills on each cigarette; (2) Upon all cigarettes more than four inches long and not more than six inches long, eleven mills on each cigarette; and, (3) Upon all cigarettes more than six inches long, twenty-two mills on each cigarette. (b) The description of cigarettes contained in subsection (a) of this section are hereby declared to be standard as to dimensions for taxing purposes, as provided in this article, and should any cigarette be received, purchased, possessed, sold, offered for sale, given away or used of a size other than of standard dimensions, the same shall be taxed at the rate of one cent on each such cigarette. - (c) Where cigarettes described in subsection (a) (1) of this section are packaged in varying quantities of twenty cigarettes or less, the following rate shall govern: (1) Packages containing ten cigarettes or less require a five-and one-half- cent. tax. (2.) Packages containing more than ten but not more than twenty cigarettes require an eleven-cent tax. 5. For state law prohibiting city from levying tax on sale of cigarettes, see Fla. Stats. , § 210. 03. ►� 94 Supp. L8, 10-79 A