1182 Increase Municipal Purchasing LimitsORDINANCE NO. 1182
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE CODE
OF ORDINANCES SUBPART A, GENERAL, CHAPTER 2 -ADMINISTRATION, ARTICLE
IV -FINANCIAL MATTERS, DIVISION 3 -MUNICIPAL PURCHASING, SECTIONS 2-284,
2-285, AND 2-286 THEREOF; AMENDING ORDINANCE NO. 584, SECTIONS IV(A),
IV(A)(4), IV(A)(7), SECTION V(A), AND SECTION VI; INCREASING AUTHORIZED
MUNICIPAL PURCHASES BY THE CITY ADMINISTRATOR AND HEADS OF
DEPARTMENTS; BY AMENDING REQUIREMENTS FOR FORMAL BIDDING AND
PROPOSALS IN MUNICIPAL PURCHASES; PROVIDING FOR CONFLICT; PROVIDING
FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Code of Ordinances within the City of Okeechobee, Florida adopted in 1982 certain
requirements for authorized purchases by the City Administrator and Department Heads, with
direction requiring formal bidding for purchases, and requests for proposals; and
WHEREAS, the City of Okeechobee additionally enacted Ordinance No. 584 on November 18, 1986, which
must be amended to conform to the amendments set out herein; and
WHEREAS, it is recognized that in the ensuing thirty years subsequent to those Ordinances the cost of
living, and goods and services has increased a great deal, and the current limits on municipal
purchasing are insufficient; and
WHEREAS, the City of Okeechobee finds that it is in the best interests for the day-to-day operations and
functioning of the City that the limits on municipal purchasing, methods of bidding and request for
proposals be amended as well.
NOW, THEREFORE, be it ordained by the City Council of the City of Okeechobee, Florida; presented at a
duly advertised public meeting; and passed by majority vote of the City Council; and properly
executed by the Mayor or designee, as Chief Presiding Officer for the City:
SECTION 1: That the City Council for the City of Okeechobee, Florida, amends herein Part II of the Code
of Ordinances, Subpart A -General Ordinances; Chapter 2 -Administration; Article IV -Financial Matters;
Division 3 -Municipal Purchasing; as follows:
Section 2-284 Formal bidding procedures; when implemented; requirements.
All purchases of supplies, equipment, and contractual services, except as allowed through emergency
procedures of the city or other procedures dictated by state law when the estimated cost thereof exceeds
$7,500,00 $15,000.00 shall be acquired by formal bid in the following manner:
(1) A notice inviting bids shall be mailed to, or published in, one or more of the following sources at
least once, and at least ten calendar days preceding the last day set for the receipt of bids:
a. One legal newspaper having general distribution within the city and a substantial area
surrounding the city.
b. Trade or service publications related to the materials or services being purchased.
c. Direct mail notices sent to firms dealing in the materials or services being purchased.
(2) When deemed necessary, bid deposits shall be prescribed in the notice which deposits shall be
returnable to unsuccessful bidders, such deposits shall be forfeited by a successful bidder who fails
to execute a contract within ten calendar days after award or otherwise defaults.
(3) Bids shall be submitted sealed to the city administrator's office, identified as sealed bids on the
envelope, and shall be opened in public at the time and place designated in the notice.
(4) Contracts which total $77508,08 $15,000.00 or less shall be awarded by the city administrator;
contracts above $7,500.00 $15,000.00 shall be awarded by the city council.
(5) All awards will be made to the lowest responsive and responsible bidder, the determination of
which shall consider the following factors:
a. The character, integrity, reputation, judgement, experience and efficiency of the bidder.
b. The ability, capability, financial stability, experience of staff and skill of the bidder to perform the
contract.
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c. The quality, availability, and adaptability of the supplies or contractual services to the particular
use required.
d. The ability of the bidder to provide future maintenance and service for the work as required by
the contract.
e. The quality of performance of previous contracts and whether the bidder can perform the
contract within the time specified, without delay or interference.
f. Contractors not presently in default on other projects.
(6) A contractor or vendor may be required to provide a performance bond and a separate payment
bond to guarantee the full and faithful performance of his contract obligations and the payment of
labor and materials expended pursuant to the contract, whenever and in such amounts as is
deemed necessary. The surety company must be licensed to conduct business in the state and
whose company is on the current list of "Companies Holding Certificates of Authority as Acceptable
Sureties on Federal Bonds and as Acceptable Reinsuring Companies," as published in Circular
570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All bonds signed
by an agent must be accompanied by a certified copy of the authority to act.
(7) The city council, for purchases over $7,500.00 $15,000.00, and the city administrator for purchases
under $7,500.00 $15,000.00, reserve the right to waive formalities or technicalities in a bid reject
any or all bids, make awards to separate bidders, make awards to more than one bidder, and
accept or reject parts of the bids when, in their judgement such action is in the best interests of the
city.
Section 2-285 Proposals; when required; procedures.
As distinguished from formal bidding, proposals shall be acquired when the estimated cost of a
purchase will be over $500-00 $1,000.00 but less than $7,500.00 $15,000.00 and in the following
manner:
(1) The notice procedures for formal bidding may be used, at the discretion of the city administrator,
depending upon the complexities of the expected purchase and the need for detailed explanations
and specifications.
(2) As an alternative, proposals may be invited by letter or telephone call to firms engaged in a
business related to the contemplated purchase.
(3) Proposals may be rendered in the form of an oral quotation, but should be confirmed in writing
within five working days.
(4) Every effort will be made to acquire at least three proposals for the item or group of items to be
purchased.
(5) The city administrator shall maintain appropriate records of all letters, telephone calls, and personal
contacts made in connection with all invitations for proposals.
Section 2-286 Open market purchases.
With the approval of the city administrator department head, field purchase orders may be used by using
agencies for immediate purchases of supplies, materials and services not to exceed $500-.00 $1,000.00.
All such expenditures shall be properly receipted to, and documented upon the city records.
Pursuant to Section 2-290(f), the local vendor preference shall apply to any proposal, request for
guotes, procurement, open market purchases, or formal bidding processes.
SECTION 2: That the City Council for the City of Okeechobee, Florida, amends Ordinance No. 584 as
follows:
Section IV: Formal Bidding Procedures; When Implemented; Requirements
A. All purchases of supplies, equipment, and contractual services, except as allowed through
emergency procedures of the city or other procedures dictated by state law when the estimated
cost thereof exceeds $7,500.00 $15,000.00 shall be acquired by formal bid in the following
manner:
(4) Contracts which total $7,500.00 $15,000.00 or Tess shall be awarded by the city administrator;
contracts above $7,500.00 $15,000.00 shall be awarded by the city council.
(7) The city council, for purchases over $7,500.00 $15,000.00, and the city administrator for
purchases under $7,500.00 $15,000.00, reserve the right to waive formalities or technicalities
in'a bid, reject any or all bids, make awards to separate bidders, make awards to more than
one bidder, and accept or reject parts of the bids when, in their judgement such action is in the
best interests of the city.
Ordinance No. 1182 - Page 2 of 3
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Section V: Proposals; When Required; Procedures
A. As distinguished from formal bidding, proposals shall be acquired when the estimated cost of a
purchase will be over $50888 $1,000.00 but less than $7,500.00 $15,000.00 and in the following
manner: [refer to Section 2-285 and 2-2861
Section VI: Open Market Purchases
A. With the approval of the city administrator department head, field purchase orders may be used by
using agencies for immediate purchases of supplies, materials and services not to exceed $508:89
$1,000.00. All such expenditures shall be properly receipted to, and documented upon the city
records.
SECTION 3: Conflict. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.
SECTION 4: Severability. If any provision or portion of this Ordinance is declared by any court of
competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and
portions of this Ordinance shall remain in full force and effect.
SECTION 5: Effective Date. This Ordinance shall take effect immediately upon its passage.
INTRODUCED for First Reading and set for Final Public Hearing on this 2nd day of April, 2019.
ATTEST:
01Pday-6,
ane amiotea, CM f , City Clerk
i
Dowling R. Watford, r., f ayor
PASSED AND ADOPTED after Second and Final Public Hearing this 16th day of April, 2019.
/ DowlingR. W ord,
Jr., Mayor
ATTES :
ane amiotea, MC, City Clerk
REVIEWED FORK LEGA SUFFI IENCY:
John R. Cook, City Attorney
Ordinance No. 1182 - Page 3 of 3
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