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HomeMy WebLinkAboutOrdinance No. 09-1993ORDINANCE NO. 09 -93 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, REPEALING SECTION 10 OF ARTICLE XVII OF THE CITY CHARTER; REPEALING ORDINANCE NO. 10 -88; REPEALING AND REENACTING CHAPTER 205 OF THE CITY CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, as follows: SECTION 1. Pursuant to the authority of Section 166.021(5), Florida Statutes, Sec. 10 of Article XVII of the Charter of the City of Cape Canaveral is hereby repealed. SECTION 2. Ordinance No. 18 -88 and Chapter 205 of the City Code of Ordinances are hereby repealed. SECTION 3. Chapter 205 of the City Code of Ordinances is hereby reenacted as follows: CHAPTER 205 Purchasing Sec. 205.01. Definitions. For purposes of this Chapter the following terms are defined. A. Bid means a formal written and sealed response to a formal advertisement for specified requirements. B. Bidder means an offeror who submits a bid or proposal to the City. C. Blanket Purchase Order means a continuing purchase order designed to capture cumulative transactions to reduce the administrative costs of placing recurrent orders with an established vendor. D. Construction means and includes all improvements to real property. E. Contract means a mutually binding legal relationship between the City and another party obligating the other party to furnish supplies, services or construction to the City and the City to pay for them. It includes all types of commitments that obligate the City to an expenditure of funds, and that, except as specifically provided in this Chapter, are in writing. Contracts include bilateral instruments, purchase orders, contract modifications and orders under blanket purchase orders. F. Proposal means an offer submitted to the City in response to a City request for proposals which permits persons to offer, at least in part, the method or manner of contract performance or to specify alternatives to the stated City requirements. G. Purchase Order means a unilateral instrument issued by the City ordering supplies, services, or construction which City of Cape Canaveral, Florida Ordinance No. 09 -93 Page 2 becomes a contract by the other party through formal acceptance or by performance. H. Services means and includes all personal and nonpersonal services, utilities, insurance, leases for real and personal property, rental, repairs, and maintenance of real or personal property. The term shall not include professional services. Sec. 205.03. Purpose. The City of Cape Canaveral shall purchase supplies, services and construction utilizing competitive purchasing methods as defined in this Chapter, except to the extent the laws of the State of Florida or of the United States of America preempt this Chapter or any of its provisions. Except as otherwise provided in this Chapter, contract awards shall be made to the lowest responsible bidder. In determining the lowest responsible bidder, the City shall consider, in addition to price: A. The ability, capacity and skill of the bidder to perform the contract; B. Whether the bidder can perform the contract within the time specified; C. The character and integrity, reputation, judgement, experience and efficiency of the bidder; D. The quality of performance of previous contracts by the bidder; E. Compliance by the bidder with requirements of the invitation for bid or request for proposal; F. Previous and existing compliance by the bidder with laws and ordinances relating to the contract; G. The sufficiency of the financial resources of the bidder; H. The quality, availability and adaptability of the supplies, services or construction to the particular use required; I. The ability of the bidder to perform any warranty obligations called for by the contract; and J. The number and scope of conditions attached to the bid or proposal by the bidder. Sec. 205.05. Procedure. All purchases by the City, except as otherwise provided herein, when the estimated cost thereof shall exceed Five Thousand Dollars ($5,000.00), shall be purchased by formal written bilateral contract from the lowest responsible bidder after due notice inviting bids or proposals. A. Notice. Notice inviting bids or proposals shall be published in at least one (1) official newspaper with general circulation in Brevard County, Florida, at least five (5) days preceding the last day set for the receipt of proposals. The newspaper notice required shall include a general description of the supplies, services, or construction to be purchased and shall state where bid blanks and specifications may be secured and the time and place for opening bids. The City shall also advertise pending purchases by a notice posted on the public bulletin board in City Hall. City of Cape Canaveral, Florida Ordinance No. 09 -93 Page 3 B. City Bidders List. The City shall also solicit bids or proposals from all responsible prospective bidders whose names appear on the bidders list maintained by the City. The City shall send a copy of the newspaper notice described in subsection 205.05A. above to each bidder whose name appears on the City bidders list. The City shall mail the notices as aforesaid only to those bidders who ordinarily provide supplies, services or construction similar in character to those called for by the invitation for bids or request for proposals. Prospective bidders may have their names added to the City bidders list in accordance with procedures to be adopted by the City Manager. C. Bid Deposits. When deemed necessary by the City, bid deposits shall be prescribed in the public notices inviting bids or proposals. Unsuccessful bidders shall be entitled to the return of surety where the City has required such. A successful bidder shall forfeit any surety required by the City upon failure to enter into a contract upon the terms contained in the bidder's bid or proposal within ten (10) days after the award. D. Bid Opening. Bids and proposals shall be submitted sealed to the City and shall identify the City invitation for bid or request for proposal number on the outer envelope. Bids and proposals shall be opened at the time and place stated in the public notice. A tabulation of all bids and proposals received shall be posted for public inspection on the bulletin board in the City Hall. E. Rejection of Bids. The City shall have the authority to reject all bids or proposals when the public interest will be served thereby. The City may reject the bid or proposal of a bidder when: 1. The bid or proposal does not conform to the technical specifications; 2. The bid or proposal is facially nonconforming as to acceptable materials and components or services; or 3. The bid materially and substantially differs from the invitation for bids or request for proposals. F. Ineligible Contractors. The City shall not solicit or accept the bid or proposal of a contractor who is in the default of payment of taxes, license fees, or other monies due the City. G. Award to Other than Low Bidder. When the award is not made to the lowest bidder, a full and complete statement of the reasons for placing the contract elsewhere shall be prepared by the City and filed with other documents relating to the invitation for bids or request for proposals. H. Tie Bids. If all bids or proposals received are for the same total amount or unit price, quality and services being equal, the contract shall be awarded to any bidder with a place of business within the City. Where tie bids are received from more than one (1) bidder with a place of business within the City or where all tie bidders do not have a place of business within the City, the City shall award the contract to one (1) of the tie bidders by drawing lots in public. City of Cape Canaveral, Florida Ordinance No. 09 -93 Page 4 I. Performance Bond. The City shall have the authority to require a performance bond before entering into any contract in such amount as the City shall find reasonably necessary to protect its interest. Sec. 205.07. Open Market Purchase Procedures. All purchases with an estimated value of Five Thousand Dollars ($5,000.00) or less shall be made on the open market without observing the procedure prescribed by Sec. 205.05 for the award of contracts. Purchases of greater than Five Hundred Dollars ($500.00), but less than Five Thousand Dollars ($5,000.00), will be obtained by soliciting written quotes prior to awarding a contract or purchase order. All purchases exceeding Five Hundred Dollars ($500.00), but not exceeding Five Thousand Dollars ($5,000.00) shall be approved by the City Manager. Except in the case of emergency, the City purchasing agent shall solicit at least three (3) competitive quotes by way of mail, telephone or other suitable means, and the quote of the lowest responsible bidder shall be accepted. The City purchasing agent shall keep a record of all open market purchases and the bid submitted in competition therefor and such records shall be open to public inspection. In the event the open market purchase sought is less than Five Hundred Dollars ($500.00), the City purchasing agent shall make purchases according to best commercial practice. Sec. 205.09. Sole Source. When it has been determined that a certain type of supplies, services or construction is available from only one (1) source, or no other substitutive supplies, services, or construction are available for purchase by the City, the City may purchase the items from the single source of supply without complying with the competitive purchasing provisions of this Chapter. Sec. 205.11. Emergency Purchase. In the case of an apparent emergency which requires an immediate purchase of supplies, services or construction, the City Manager shall be empowered to secure by open market procedures, at the lowest obtainable price, any supplies, services, or construction, 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 welfare or convenience of the 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 following said purchase, shall be entered in the minutes of the City Council and shall be open to inspection. Sec. 205.13. Cooperative Purchasing. The City may procure, without compliance with the competitive purchasing procedures of this Chapter, supplies, services and construction under the terms of contracts entered into by or through other governmental agencies as follows: A. The United States Government General Services Administration (GSA), or other such federal contract; B. State Department of Purchasing and Procurement; C. Brevard County; D. Multi - County cooperatives; or E. Cooperative purchasing agreements as designated by the City Council. City of Cape Canaveral, Florida Ordinance No. 09 -93 Page 5 The City Manager shall approve any purchase from the above described agencies which exceeds Five Hundred Dollars ($500.00), but does not exceed Five Thousand Dollars ($5,000.00). The City Council shall approve any such purchase which exceeds Five Thousand Dollars ($5,000.00). Sec. 205.15. Prohibition Against Subdivision. No contract or purchase shall be subdivided to avoid the requirements of this Chapter. Sec. 205.17. Blanket Purchase Orders. The City may issue blanket purchase orders when the City Council determines that a blanket purchase order shall be more cost effective to provide means for capturing total requirements for non - capital items for a period of time not to exceed twelve (12) months. Any blanket purchase orders, purchases from which are expected to exceed Five Thousand Dollars ($5,000.00), shall be entered into using the procedures described in Sec. 205.05. Other blanket purchase orders, purchases from which are expected to exceed Five Hundred Dollars ($500.00), shall be entered into utilizing open market procedures. Each purchase requisition issued against the blanket purchase order may be issued by the City purchasing agent without further approval. No blanket purchase order issued by the City shall confer upon any person the exclusive right to furnish the City's requirements for the supplies, services or construction called for by the blanket purchase order. Sec. 205.19. Availability of Funds. Except in cases of emergency, the City purchasing agent shall not issue any order for delivery on a contract or open market purchase until the City Treasurer shall have certified that there is to the credit of the using agency concerned a sufficient unencumbered appropriation balance, in excess of unpaid obligations to defray the amount of such order. Sec. 205.21. Prohibition of Interest. A. Financial Interest. Any purchase order or contract within the purview of this Chapter in which any officer or employee of the City is financially interested, directly or indirectly, shall be void, except that before the execution of a purchase order or contract, the City Council shall have the authority to waive compliance with this Section when it finds that such action is in the best interest of the City and is in compliance with general law. B. Gifts and Rebates. The City purchasing agent and every officer and employee of the City are expressly prohibited from accepting, directly or indirectly, from any person to which any purchase order or contract is or might be awarded, any rebate, gift, money, or anything of value whatsoever, except when given for the use and benefit of the City. SECTION 4. Severability. If any section, paragraph, phrase, or word of this Ordinance is held to be unconstitutional or invalid, such portion shall not affect the remaining portions hereof and it shall be construed to have been a legislative intent to pass this Ordinance without such unconstitutional or invalid part. City of Cape Canaveral, Florida Ordinance No. 09 -93 Page 6 SECTION 5. Conflicting Provisions. Any ordinance, or parts of an ordinance, in conflict herewith are hereby repealed. SECTION 6. Effective Date. This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 18th day of May , 1993. Jo C Salamone, MAYOR First R-„ `n 5/4/93 Pond: 5/8/93 Advertised: 5/8/93 Second-Reading: 5/18/93 NO