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Ord G-411(30-61) ORDINANCE NO. G-~ll. AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 25786, SPECIAL LAWS OF FLORIDA, ACTS OF 1949, AS AMENDED, SAME BEING THE CHARTER OF SAID CITY BY AMENDING SECTION 78 THEREOF TO PROVIDE FOR A CITY PURCHASING SYSTEM, INCLUDING CO~PETITIVE BIDS AND CONTRACT PROCEDURE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED that Section 78 of the Charter of the City of Delray Beach, County of Palm Beach, Florida be amended to read as follows: SECTION 1. The detail of all city purchasing shall be performed in accordance with the latest current revision of a Standard Practice Instruction as issued by the City Manager, and as ~his reflects the requirements of the City Charter and the current revision of the City,s Code of Ordinances. SECTION 2. On contemplated purchases of any needed goods, servicesor structures, the price of which may be rea- sonably expected to be less than Three Thousand Dollars (03000), and for which properly allocable funds are determined to exist, the City Purchasing Agent is authorized either to take sealed competitive bids or to negotiate informally with prospective vendors, as his Judgment may direct, to secure the most advan- tageous purchase for the City, and, with the express approval of the City Manager, to execute a purchase order or contract to that vendor which shall best serve the interests of the City in price or quality or time of delivery or in some combination of two, or of all three factors. In the case of a decision to take sealed competitive bids, the Purchasing Agent may, at the time of opening, and with the approval of the City Manager, void all bids, and may either re-advertise for new bids from any and all vendors, or proceed directly to negotiate with competent vendors. SECTION 3. On contemplated purchases of ~y goods, services, or structures estimated to cost more than Three Thousand Dollars ($3000), which have been expressly defined and priced in an approved budget, the Purchasing Agent is authorized and directed to proceed as in Section 2, except that, if, after reasonable negotiation it shall appear that the lowest price taken for the specific goods, services, or structures then con- templated may exceed by more than ten percent (10%) the prices presumed in the budget (whether in the case of a fixed price or the best estimate of a cost-plus purchase), a purchase order or contract may not be executed without the approval of the City Council, and, in such cases, the Council may, by resolution, direct the Purchasing Agent either to renegotiate or to re- proceed on the basis of sealed competitive bids, and, by formal resolution, may require that the successful bidder be determined by the Council. SECTION 4. For the purchase of any needed goods, serv- ices, or structures, not previously contemplated by an approved budget, the price of which may be expected to exceed Three Thou- sand Dollars ($3000), but for which properly allocable funds may be determined to exist, the City Manager may, with the approval of the Council, direct the Purchasing Agent to proceed on the basis of sealed competitive bids and to report the results of the bidding to the City Council for its consideration and dis- position or approval of the award of the purchase order or con- tract to the lowest competent bidder, except that, if, in the opinion of the Council, the needs of the City would best be served by price negotiation for a specific purchase, then, by resolution, the ~ouncil may direct the Purchasing Agent to pro- ceed as in Section 2. In such event, the Council may require a full report of all such negotiation, and may exercise its right to make the purchase award. SECTION 5. In the case of sealed competitive bidding for any purchase of, or to cover any contract for, the acquisition of goods, services or structures, and, regardless of the anticipated whole cost, the ~ity shall furnish to each bidder a uniformly equal description, specification or plan, together with specifically stat- ed alternatives thereto, which will cover all aspects of type, kind, character, quality, or quantity of, and the maximum allowable time for the delivery of the goods, or the completion of the contract for which bids are invited. Furthermore, in the case that such emergency requirements may render time - as such - to be of the essence of the contract, such original specifications (available to all bidders) shall contain a formula which evaluates time in terms of dollars per calendar day (or fraction thereof), which may be properly used in effecting a determination of the lowest competent bidder, and which shall be the basis for the calculation of any penalties to be as- sessed against the contractor in a final settlement for his failure to meet the previously established completion time schedule. Where possible, specifications shall be those in general use in an appro- priate trade or industry, and shall be referred to by name and title (as in the case of the standardized specifications issued by the American Society for Testing Materials). Bidders may be required to make such deposits as may be deemed requisite to cover the cost of any plans or specifications; said deposits being redeemable upon application of the bidder when such plans and specifications are re- turned in acceptable order. Bidders may also be required to post such penalty bonds as may be deemed necessary to protect the City fully in such an eventuality as the inability of the vendor or con- tractor properly to fulfill the terms of the purchase order or con- tract for any and every reason. Invitations to bid shall define the nature of the bid in terms of such categories as a one-price bid, a cost-plus bid, cost-plus fixed fee bid, or a dollar amount as it may be determined by a stated formula (but only one category shall be de- fined in the invitation). In the case of a one-price bid, the whole cost to the City shall be inclusive of all such cost and expense ele- ments as engineering, legal, or technical consultation fees, Job- preparation expense, insurance premiums, shipping charges, stand-by time, and the living or traveling expenses of Job personnel (although a detailed schedule of all such costs and expenses shall not be re- quired to be disclosed in the case of such a one-price bid) together with a schedule of proposed terms of payment and any allowable dis- counts. A cost-plus, or any sliding scale, bid may be invited with the concerted approval of the City Manager and the Director of Public Works in the case of a proposed project for which reasonable cost or expense extimates do not appear feasible (as in the case of a project involving possible removal of unknown quantities of concealed rock). Under such a circumstance, the bid shall set forth the total of all of the details of determinable costs and expenses together with ~hedules of such variable cost elements as unit-costs, per diem- costs, etc., as are required by the bid invitation. SECTION 6. Competency in bidding is hereby defined as being able properly to demonstrate trade or industry proficiency, standing, and qualifications, and the financial ability to deliver the goods or to complete the contract as executed, together with the submission of a bid which, in every respect, fully meets and complies ~,'ith the terms, conditions and specifications, or stated alternatives ~hereto, which were made a part of, or which are inherent in the in- vitation to bid. SECTION 7. Failure of any bidder to comply fully with the provisions of Section 6, or any of them, may result in the discard of his bid from any comparison or consideration in the contemplated pur- chase or contract. SECTION 8. Reference by number shall be made to this Ordinance in any solicitation of sealed bids to cover any intended purchase or contract, and a printed copy hereof shall be made avail- able to any intended bidder. PASSED AND ADOPTED on this 16th day of October, 1961. _ _ ~: .~'~_t . ........... _ -.. ATTE ~- ~J~ A Y 0 R - ....... First Reading October 2, 1961. Second Reading_~ -o~{~be~..-~, ±¥~i'".' -..' '... Affidavit of Publication THE DELRAY BEACH NEWS-JOURNAL Published Weekly Delray Beach, Palm Beach ~eunfy, Florida STATE OF FLORIDA COUNTY OF PALM BEACH appeared ;/...~~.~.-1:,~-~ wlyr} on oath says that ................ i~.~.....~.~ News-Journal, a weekly newspaper published at Delray Beach in Pa,lm Beach County, Florida; that the atl4ehed copy of advertisement~ being /1.~ ~, _/~ , ~:~ ..~ ....' Oz/z-f~54-~. _~~ (_~ ~'-/, in..~e )patter of ~ .... in the .............................................................. Court, was published in said newspaper in the issue (s) Affiant further says that the said Delray Beach News-Journal is a newspaper published at Delray Beach, in said Palm Beach County, Florida, and that the said newspaper has heretofore been con- tinuously published in said Palm Beach County, Florida, each Thursday and has been entered as second class mail matter at the post office in Delray Beach, in said Palm Beach County, Flor- ida, for a period of one year next preceding the first publication of the attached copy ,of ~fr- tisement; and affiant further say,s that .....................~ has neither paid nor promised any person, firm or corporation any discount, r~bate, commission or refund for the purpose of securing this adver- tisement for publ~~~ Sworn to and subscribed before me this ~,. .... .......... (SEAL) rq' -'// N/~iary Public .,ota?yPubJic.,~ta!e of Fie:ida al Large ~ny comrnissiffn Expires tqov. 6, 1964