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ORDINANCE NO. 96-0-03
AN ORDINANCE OF THE CITY COUNCIL OF EDGEWATER,
FLORIDA, AMENDING ARTICLE II (PURCHASE AND
SALE PROCEDURE) OF CHAPTER 9 (FINANCE) OF THE
CODE OF ORDINANCES, CITY OF EDGEWATER,
FLORIDA; AMENDING SECTION 9-20 (DEFINITIONS)
TO PROVIDE FOR ESTABLISHMENT OF PURCHASING
REGULATIONS BY RESOLUTION OF THE CITY COUNCIL;
DELETING SECTION 9-21 (PURPOSE), SECTION 9-22
(FORMAL CONTRACT PROCEDURE - BIDDING REQUIRED;
EXCEPTIONS), SECTION 9-23 (SAME NOTICE;
RECEIVING AND OPENING OF BIDS), SECTION 9-24
(SAME AWARD OF CONTRACT), SECTION 9-25
(PURCHASES BY NEGOTIATION AUTHORIZED),
SECTION 9-26 (SAME - GENERAL REQUIREMENTS),
SECTION 9-27 (SAME - CIRCUMSTANCES PERMITTING)
AND SECTION 9-28 (APPROVAL OF OBLIGATIONS
EXCEEDING TWO THOUSAND DOLLARS); PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR CODIFICATION, AN
EFFECTIVE DATE AND FOR ADOPTION.
WHEREAS, the City Council of the City of Edgewate:r, l:oY:ida,
has determined that it is in the best interests of the citizens of
Edgewater to establish purchasing regulations by resolution of the
City Council.
NOW, THEREFORE, BE IT ENACTED by the People of the City of
Edgewater, Florida:
PART A. AMENDMENT OF SECTION 9-20 (DEFINITIONS) OF ARTICLE
II (PURCHASE AND SALE PROCEDURE), CHAPTER 9 (FINANCE) OF THE CODE
OF ORDINANCES, CITY OF EDGEWATER, FLORIDA.
Section 9-20 is amended to read as follows:
Section 9-20. Purchasinq Requlations DofiBitioBS.
Purchasing requlations shall be established by resolution of
the City Council and shall be bindinq on the City Council and all
aqencies, boards, committee, departments, and employees responsible
to the City Council.
1\0 uoed in thio artiole, the term "oontril:otual oerJioeo" ohall
mean and inolude all telephone, gao, ..mter, eleotrio light and
pmmr oervioe, tmml and oleaning oervice, inouranoe, leaoeo and
oonoeooiono, demolition of buildingo, rental, repair or maintenance
of equipment, maohinery, and other oity o..ined property, and other
like oerJioeo. The term "oervioeo" ohall not inolude profeooional
oer..~ioeo "ihioh are unique in their nature and not oubject to
competition.
PART B. DELETION OF SECTION 9-21 (PURPOSE) OF ARTICLE II
(PURCHASE AND SALE PROCEDURE), CHAPTER 9 (FINANCE) OF THE CODE OF
ORDINANCES, CITY OF EDGEWATER, FLORIDA.
Section 9-21 is deleted:
struok through passages are deleted.
Underlined passages are added.
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SootiOR 9-21. Purpose.
The purpooe of thio urticle io to preocribe the m.:mner in
~ihich the city ohull control the purchaoe of materialo, oupplieo,
equipment, und certuin contractuul oerviceo of the city, and the
oale of oboolete property.
PART C. DELETION OF SECTION 9-22 (FORMAL CONTRACT PROCEDURE-
BIDDING REQUIRED; EXCEPTIONS) OF ARTICLE II (PURCHASE AND SALE
PROCEDURE), CHAPTER 9 (FINANCE) OF THE CODE OF ORDINANCES, CITY OF
EDGEWATER, FLORIDA.
Section 9-22 is deleted:
Seotioa 9-22. Formal ooatraot prooedure-Siddia! requires,
exoeptioas.
It io the intent of the city to utili3e competitive bidding
for contructuul oerviceo ~ihenever poooible. Therefore, all
oupplieo, equipment, and contractual oerviceo, elccept UO othendoe
provided herein, ..ihen the eotimated coot thereof ohall Clcceed three
thouound dollaro ($3,000.00) ohall be purchuoed by formul, ..iritten
contruct und/or purchuoe order from the loweot und beot reoponoible
bidder after due notice inyyyiting propooala, provided, hmiever, the
city council ohall hay.ye the authority to "l1aiy.ye Clrecution of formal
contract in caoeo 'ihere it deemo it adYJioable to do 00. 1\11 oaleo
of peroonal property (except trade in peroonul property) ~ihich huo
become oboolete and unuoable, ~ihen the eotimated .Jalue ohull enceed
three thouound dollaro ($3,000.00), ohull be uccompliohed by formal
contruct to the hig-heot reoponoible bidder, ufter due notice
inviting propooulo huo been publiohed uo required by la'Wi.
Purchuoeo of oupplieo, equipment und contructuul oerviceo from a
oingle oource may Be elccepted from bit requiremento upon
certificution by the city council otuting the conditiono and
circumotanceo requiring the purchaoe. Thio certificution ohull oet
forth the purpooe und need und uhy the item io the only one that
~l7ill produce the deoired reoul to.
PART D. DELETION OF SECTION 9-23 (SAME - NOTICE; RECEIVING
AND OPENING OF BIDS) OF ARTICLE II (PURCHASE AND SALE PROCEDURE),
CHAPTER 9 (FINANCE) OF THE CODE OF ORDINANCES, CITY OF EDGEWATER,
FLORIDA.
Section 9-23 is deleted:
Sootioa 9-23. Same - Rotioe, reoeivia! aad opoaia! of hids.
(a) PNblic~tion of notice, Notice inviting bido ohall be
publiohed once in ut leaot one official ne~iopaper haYJing generul
dictribution in the city and at leaot fiYJe (5) ~iorldng dayo
preceding the laot duy oet for the receipt of propooulo.
(b) Scope of Floticc, The ne'Wiopuper notice required herein
ohall include u generul dcccription of the urticleo to be purchuoed
or oold, ohull otute where bid blunlto und opecificutiono may be
cecured, and the time und place for opening bidc.
(c) Bidders' list, The city ohall alco oolicit cealed bidc
from ull reoponoible proopective oupplicro uho huve requeoted their
name 0 to be added to u "biddero' liot" ~ihich the city ohall
maintain, by oending thcH!. a copy of auch ne'Wiopaper notice or ouch
other notice ao will acquaint them with the propoocd purchaoc or
oule. In uny cuce, invitationo oent to the vendoro on the biddero'
liot ohull be limited to commoditieo thut ure oimilur in charucter
und ordinarily hundled by the trade group to which the invitationo
ure cent.
Struck through passages are deleted.
Underlined passages are added.
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(d) Bid dcpooito, When deemed neoeooary by the oity, bid
depooito ohall be preooribed in the publio notioeo inviting bido.
Unouooeooful biddero ohall be entitled to return of ourety ~ihero
the oity hao required ouoh. A ouooeooful bidder ohall forfeit any
ourety required by the city upon failure on hio part to enter a
contract ~d thin ten (10) dayo after the a~iard.
(e) Sealed bida, Bido ohall be oubmitted oealed to the city
and ohall be identified ao bide on the outoide of the envelope.
(f) OpeRiRg' Bido ohall be opened in public at the time and
place otated in the public noticeo and ohall be ~dtneooed and
certified.
(g) TabulatioR' A tabulation of all bide received ohall be
made and ohall be available for public inopection.
PART E. DELETION OF SECTION 9-24 (SAME - AWARD OF CONTRACT)
OF ARTICLE II (PURCHASE AND SALE PROCEDURE), CHAPTER 9 (FINANCE) OF
THE CODE OF ORDINANCES, CITY OF EDGEWATER, FLORIDA.
Section 9-24 is deleted:
SeetieR 9-2t. Same - ~'ard ef eeRtraet.
(a) Lmtl-Cot .::lRd beot bidder, All contracto, ~l7hen the oum io
three thouoand dollaro ($3,000.00) or leoo, ohall be mmrded by the
city cler]c to the 10~ieot and beot bidder. All contracto, ~ihen the
oum io in exceoo of three thouoand dollaro ($3,000.00) ohall be
a~mrded by the city cOUIwil to the Iml7eot and beot bidder. In
determining the loweot and beot bidder, in addition to prioe, there
ohall be oonoidered the following.
(1) 'rhe ability, capacity and okill of the bidder to perform
the contract.
(2) Whether the bidder can perform the contract ~iithin the
time opecified, without delay or interferenceo.
(3) 'rhe character, integrity, reputation,
experience and efficiency of the bidder.
(4) 'rhe quality of performance of previouo contracto.
judgment,
( 5 ) 'rhe previouo and mdoting compliance by the bidder with
lawo and ordinanceo relating to the contract.
({;) 'rhe oufficiency of the financial reoourceo and ability of
the bidder to perform the contract or provide the
oervice.
(7) 'rhe quality, availability and adaptability of the
oupplieo, or oontraotual DerviceD to the partioular uoe
required.
(8) 'rhe ability of the bidder to provide future maintenance
and oervice for the UDe of the oubject of the oontract.
(b) Aith1rd to other th'::lR lmK:ot bidder, When the a~mrd of a
oontract io not gi...en to the Immot bidder, a full and oomplete
otatement of the reaoon for placing the oontract eloewhere ohall be
prepared by the city clerk and approved by the city council.
(c) Tie bido, Award of all tie bide ohall be made by the
city council.
Struck through passages are deleted.
Underlined passages are added.
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PART F. DELETION OF SECTION 9-25 (PURCHASES BY NEGOTIATION -
AUTHORIZED) OF ARTICLE II (PURCHASE AND SALE PROCEDURE), CHAPTER
9 (FINANCE) OF THE CODE OF ORDINANCES, CITY OF EDGEWATER, FLORIDA.
Section 9-25 is deleted:
Seotiea 9-26. Purohases hy aegetiatieas - Autherimed.
It io the intent of the city to utilize formal contract
procedureo aD oet out in oectiono 9 22, 9 23 and 9 24. HmiOver,
purchaoeo of contractual oerviceo by negotiation io a recognized
method of purchaoin~ and may be utilized ~ihen certain requiremento
h.:r:e been met.
PART G. DELETION OF SECTION 9-26 (SAME GENERAL
REQUIREMENTS) OF ARTICLE II (PURCHASE AND SALE PROCEDURE), CHAPTER
9 (FINANCE) OF THE CODE OF ORDINANCES, CITY OF EDGEWATER, FLORIDA.
Section 9-26 is deleted:
Seotiea 9-26. Same - Ceaeral re~airemeats.
(a) No purcha.oe in exceoo of three thouoand dollaro
($3, OOg. (0) ohall Be made by negotiation if the uoe of forma.l
adve:t~oin~ io ,feaoiblc and practicable under the eJeioting
condltlono and Clrcumotanceo.
(b) No contract ohall be entered into aD a reoult of
negotiation unleoo or until the following requiremento have been
oatiofiedl
( 1) 'Phe contemplated purchaoe comeo ~d thin one of the
circumotanceo permitting negotiation aD oct forth in
oection 9 27.
(2) hny neceooary determinationo and findingo ha~e been made
by the city council.
(3) 'Phe proopecti...e contractor haD been determined to be
reoponoible.
(c) Whenm,.er contractual oer:iceo arc to be procured by
negotiation, propooalo ohall be oolicited from the maximum number
of qualified oourceo, including omall buoineoo concerno, conoiotent
~dth the nature of and requiremento for the oupplieo or oer:iceo to
be procured, to the end that the procurement 'ildll be m;];de to the
beot ad~antage of the city, price and other factoro conoidered.
Propooalo ohall be oupported by otatemento and analyoeo of
eotimated cooto or other evidence of reaoonable priceD and by ouch
information concerning other ~ital mattero aD io deemed neceooary.
(d) Negotiated purchaoeo ohall be on a competitive baoio to
the maJdmum practical extent.
PART H. DELETION OF SECTION 9-27 (SAME CIRCUMSTANCES
PERMITTING) OF ARTICLE II (PURCHASE AND SALE PROCEDURE), CHAPTER 9
(FINANCE) OF THE CODE OF ORDINANCES, CITY OF EDGEWATER, FLORIDA.
Section 9-27 is deleted:
Seotioa 9-27. Same - Circumstaaoes permittiag.
Purchaoeo may be effected by negotiation under anyone of the
following exceptionol
(1) Public exigcnoy, Purchaoco and contracto may be
negotiated 'ildthout formal advertioing if the public CJdgency 'ildll
Struck through passages are deleted.
Underlined passages are added.
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not admit of the delay incident to advertioing. In order for thio
authority to be uoed, the need muot be compelling and of unuoual
urgency, ao when the city would be oeriouoly injured, financially
or othendoe, if the property or oerviceo to be purchaoed or
contracted for 'Il'ere not furniohed by a certain time, and ~ihen they
could not be procured by that time by meano or formal advertioing.
Thio applieo irreopecti7e of ~ihether that urgency could or ohould
hm:"e been foreoeen. For Clmmple, thio authority may be uoed 'ihen
property or oer7iceo are needed at once becauoe of a fire, flood,
explooion or other dioaoter.
(2) Pl:Irchaaco not in cxccoo of $3,000.00, Purchaoeo and
contracto may be negotiated ,dthout formal advertioing if the
aggregate amount in70l7ed doeo not exceed three thouoand dollaro
($3,000.00) . Co~etitive purchasing ohall be utilized to the
maldmum Clctent poooible e'Jen if the purchaoe doeo not enceed three
thouoand dollaro ($3,000.00).
(3) Personal or profesoional acrviccs, Purchaoeo and
contracto may be negotiated without formal advertioing if for
peroonal or profeooional oerviceo. Thio authority ohall be uoed
only when all of the following conditiono have been oatiofiedl
(a) If peroonal oer7iceo, they are required to be performed
by an indi7idual contractor in peroon (not by a concern),
if professional oerviceo, they may be performed either by
an individual contractor in peroon or a concern,
(b) The oer..."iceo arc a profeooional nature, or are to be
performed under city oupervioion and paid for on a time
baoio.
(4) Impr~cticable to oecure competition by formal
~d'?ertioing' Purchaoeo and contracto may be negotiated ~dthout
formal adv-ertioing if for property or oerviceo for 'ihich it io
i~racticable to oecure competition. The follmdng are
illuotrati'Je of circumotanceo ~dth reopect to ~ihich thio authority
may be uoedl
(a) When property or oerviceo can be obtained from only one
peroon or firm.
(b) When co~etition io precluded becauoe of the exiotence of
patent righto, copyrighto, oecret proceooeo, control of
baoic ra~i material, or oimilar circumotanceo.
(c) When bido have been oolicited purouant to formal
advertioing and no reoponoive bid hao been received from
a reoponoible bidder.
(d)
When bide have been oolici ted purouant to
requiremento of formal advertioing and the reoponoi':e
or bide do not ao':er the quantitati'Je requiremento of
invitation for bido, in which caoe, negotiation
permitted for the remaining requiremento.
the
bid
the
io
(e) When the conte~lated procurement io for electric pmiCr
or energy, gao (natural or manufactured), water, or other
utility ocrvicco or 'ihen the conte~lated procurement io
for conotruction of a part of a utility oyotem and it
would not be practicable to allow a contractor other than
the utility company itoelf to ~iOrJ{ upon the oyotem.
(f)
When the contemplated procurement io for
nonperoonal ocr:icco in connection ..d th the
inotallation, or oerJicing of equipment of
technical or opecialized nature.
technical
aooembly,
a highly
Struck through passages are deleted.
Underlined passages are added.
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(g) When the contemplated procurement involvea maintenance,
repair, alteration, or inapection and the exact nature or
amount of the ..mrk to be done ia not knmm.
(h) When it ia impoaaible to draft for any in~itation for
bida, adequate apecificationa or any other adequately
detailed deacription of the required property or
aerJicea.
PART I. DELETION OF SECTION 9-28 (APPROVAL OF OBLIGATIONS
EXCEEDING TWO THOUSAND DOLLARS) OF ARTICLE II (PURCHASE AND SALE
PROCEDURE), CHAPTER 9 (FINANCE) OF THE CODE OF ORDINANCES, CITY OF
EDGEWATER, FLORIDA.
Section 9-28 is deleted:
Sootioa 9-28. Appre~al of ohligatioas exceodiag t~IO thousaad
dellars.
(a) No ilppointi ve board or member thereof, department or
member thereof, or any elective board or body which ia included in
the city' a budget, or member thereof, ahall millee any expenditure or
incur any bill for ~ihich the city ..muld be liable for payment in
exceaa of two thouailnd dollara (62,000.00) without firat obtaining
approval of the city council.
(b) Thia aection ahall not apply to the city council, nor
ahall the proviaiona of thia aection apply to the Edgmiater library
board.
PART J.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof
in conflict with this ordinance, are hereby superseded by this
ordinance to the extent of such conflict.
PART K.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or
declared to be unconstitutional, inoperative, or void, such holding
shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be
inapplicable to any person, property, or circumstances, such
holding shall not affect its applicability to any other person,
property, or circumstance.
PART L.
CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code
of Ordinances of the City of Edgewater, Florida, and the word
"ordinance", may be changed to "section", "article", or other
appropriate word, and the sections of this ordinance may be
renumbered or relettered to accomplish such intention; provided,
however, that Parts J through N shall not be codified.
Struck throu~h passages are deleted.
Underlined passages are added.
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PART M. EFFECTIVE DATE.
This Ordinance shall take effect upon adoption.
PART N. ADOPTION.
After Motion by Councilman Hays and Second by Councilman
Mitchum, the vote on the first reading of this ordinance held on
April 1, 1996, was as follows:
Mayor Jack H. Hayman, Sr. AYE
Councilman Danny K. Hatfield AYE
Councilwoman Louise A. Martin AYE
Councilman Mike Hays AYE
Councilman David L. Mitchum AYE
After Motion by Councilman Hatfield and Second by Councilman
Hays, the vote on the second reading of this ordinance was as
follows:
Mayor Jack H. Hayman, Sr. AYE
Councilman Danny K. Hatfield AYE
Councilwoman Louise A. Martin AYE
Councilman Mike Hays AYE
Councilman David L. Mitchum AYE
PASSED AND DULY ADOPTED this 15th day of April, 1996.
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORID/A
By:
Jack E. Hay pan, S
Mayor /J
APPROVED FOR FORM
AND CORRECTNESS:
Krista A. Stor
City Attorney
Struck thFeugA passages are deleted.
Underlined passages are added.
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