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
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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
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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