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Home My WebLink AboutOrdinance No. 18-1978• MICROFILMED 3.14 °80 ORDINANCE NO, 18 -78, AN ORDINANCE AMENDING SECTION 10, ARTICLE XVII OF THE CHARTER OF THE CITY OF CAPE CANAVERAL, FLORIDA, PERTAINING TO PURCHASE BY COMPETITIVE BIDS BY REQUIRING FORMAL BIDS ON ALL PURCHASES EXCEEDING $2, 000.00, BY PROVIDING FOR SOLE SOURCE PURCHASING, BY PROVIDING FOR EMERGENCY PURCHASES; REPEALING ALL SECTIONS OF THE CODE OF THE CITY OF CAPE CANAVERAL IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Section 10, Article XVII, of the Charter of the City of Cape Canaveral, Florida, entitled "Purchases to be by competitive bids. " is deleted in its entirety, and the following new section subsituted therefor: "Section 10. (1) Competitive bidding required. All purchases and contracts for public improvements shall, except as specifically provided herein, be based wherever possible on competitive bids. (2) Formal contract procedure. All purchases and public improvements, except as otherwise provided herein when the estimated costs thereof shall exceed $2, 000.00 shall be purchased by formal written contract from the lowest responsible bidder after due notice inviting proposals. (a) Notice inviting bids. Notice inviting bids shall be published once in at least one official newspaper with general circulation in Brevard County, Florida, and at least 5 days preceding the last day set for the receipt of proposals. The newspaper notice required shall include a general description of the articles to be purchased and shall state where bid blanks and specifications may be secured and the time and place for opening bids. (b) Bidders' list. The City shall also solicit sealed bids from all responsible prospective suppliers who have requested their names to be added to a bidders list which the City shall maintain by sending them a copy of such newspaper notice or such other notice as will acquaint them with the proposed purchase. In any case, invitations sent to the vendors on the bidders' list shall be limited to commodities that are similar in character and ordinarily handled by the group to which the invitations are sent. The City shall also advertise pending purchases by a notice posted on the public bulletin board in the City Hall. MICROFILMED 344-80 (3) Bid deposits. When deemed necessary by the City, bid deposits shall be prescribed in the public notices inviting bids. Unsuccessful bidders shall be entitled to return of surety where the City has required such. A successful bidder shall forfeit any surety required by the City upon *into failure on his part to enter*a contract within 10 days after the award. (4) Bid opening procedure. Bids shall be submitted sealed to the City and shall be identified as bids on the envelope. Bids shall be opened at the time and place stated in the public notice. A tabulation of all bids received shall be posted for public inspection. Rejection of bids. The City shall have the authority to reject all bids, parts of bids or all bids for any one purchase or public improvements included in the proposed contract when the public interest will be served thereby. (5) (6) The City shall not accept the bid of a contractor who is in default in the payment of taxes, licenses or other monies due the City. (7) Award of contracts. Contracts shall be awarded to the lowest responsible bidder. In determining "lowest responsible bidder," in addition to price, the City shall consider: (a) the ability, capacity and skill of the bidder to perform the contract or provide the service promptly or within the time specified without delay or inter- ference; (b) whether the bidder can perform the contract or provide the service promptly or within the time specified without delay or interference; (c) the character, integrity, reputation, judgment, experience and efficiency of the bidder; (d) the quality of performance of previous contracts or services; (e) the previous and existing compliance by the bidder with laws and ordinances relating to the contract or services; (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 particular use required; (h) the ability of the bidder to provide future maintenance and service for the use of the subject of the contract; (1) the number and scope of conditions attached to the bid. *Amended. on 2nd Reading ORDINANCE NO. 18-78 PAGE 2 OF 4 e MICROFILMED 3.14 -30 (8) Award to other than low bidder. When the award is not given to the lowest bidder, a full and complete statement of the reasons for placing the order elsewhere shall be prepared by the City and filed with the other papers relating to the transaction. Tie bids. If all bids received are for the same total amount or unit price, quality . and service being equal, the contract shall be awarded to a local bidder. Where a local bidder is not involved, the City shall award the contract to one of the tie bidders by drawing lots in public. (10) Performance Bond. The City shall have the authority to require a performance bond before entering into a contract, in such amount as the City shall find reasonably necessary to protect its best interest. (11) Prohibition against subdivision. No contract or purchase shall be subdivided to avoid the requirements of this section. (9) (12) Open market procedure. All purchases and public improvements of less than the estimated value of $2, 000.00 shall be made in the open market, without newspaper advertisement and without observing the procedure prescribed in this section for the award of formal contracts. (a) All open market purchases shall, whenever possible, be based on at least three competitive bids and shall be awarded to the lowest responsible bidder, in accordance with the standards set forth above. (b) Notice inviting bids. The City shall solicit bids by (1) *or direct mail request to prospective bidders ;* (2) by or telephone, * - (3) by public notice posted on the bulletin board of the City Hall. (c) Recording. The City shall keep a record of all open market orders and the bids submitted in competition thereon and such records shall also be open to public inspection. Sole source purchasing. When the City has determined that a purchase is,to be made which is available from only one source, and no other like supplies or materials are available for purchase by the City, then in that event the City may purchase the items notwithstanding the other provisions of this section. A statement in writing justifying the need for such a sole source purchase shall be placed in the City's file setting forth the nature of the sole source purchase. (14) Emergency purchases. In case of an apparent emergency which requires immediate purchase or public improvements, the City Manager shall be empowered to secure by open market procedures as herein set forth, at the lowest obtainable price, any supplies or public improvements, regardless of the amount of the expenditure, when such procurement is essential to prevent delays in the work of the City which may vitally affect the life, health or convenience of citizens. A full report of the circumstances of an emergency purchase shall be filed by the City Manager with the City Council at the next regular City Council meeting *Amended on 2nd Reading (13) ORDINANCE NO. 18 -78 PAGE 3 OF 4 1 1 } p MICROFILMED "3-14 -80 following said purchase, and shall be entered in the Minutes of the City Council and shall be open to public. inspection. (15) Purchases from other governmental lists. Purchases made by the City utilizing bidders lists from other governmental agencies shall be exempt from the provisions of this ordinance, provided, however, that the City Manager has reasonably determined that purchases from said bidders lists are in the best interests of the City." SECTION 2. All portions of the Code of the City of Cape Canaveral and the Charter of the City of Cape Canaveral in conflict herewith are hereby repealed. SECTION 3. This Ordinance shall become effective immediately upon its adoption. ADOPTED by the City Council of the City of Cape Canaveral, this 21 day of November , 1978. *Amended on 2nd Reading yor FADE MINIM MINIM MIME Fil'SZ 'ReAdita 10 -17 -78 Posted: 10-18-78 Advertised: 10 -23 -78 5eco1d Readifl 11-21 -78 ORDINANCE NO. 18 -78 PAGE 4 OF 4