HomeMy WebLinkAboutBack-Up from Law DeptSec. 18-85. - Competitive sealed bidding.
(a) Conditions for use. Competitive sealed bidding shall be used for the award of all contracts
for goods, equipment and services over $25,000.00, except as otherwise provided for in this
article, where it is both practicable and advantageous for the city to specify all detailed plans,
specifications, standards, terms and conditions so that adequate competition will result and award
may be made to the lowest responsive and responsible bidder principally on the basis of price;
provided, however, when a responsive, responsible non -local bidder submits the lowest bid price,
and the bid submitted by one or more responsive, responsible local bidders who maintain a local
office, as defined in section 18-73, is within 15 percent of the price submitted by the non -local
bidder, then that non -local bidder and each of the aforementioned responsive, responsible local
bidders shall have the opportunity to submit a best and final bid equal to or lower than the amount
of the low bid previously submitted by the non -local bidder. Contract award shall be made to the
lowest responsive, responsible bidder submitting the lowest best and final bid. In the case of a tie
in the best and final bid between a local bidder and a non -local bidder, contract award shall be
made to the local bidder. Notwithstanding the foregoing, the city manager may waive competitive
sealed bidding methods by making a written finding which shall contain reasons supporting the
conclusion that competitive sealed bidding is not practicable or is not advantageous to the city,
which finding must be ratified and the award approved by an affirmative vote of four -fifths of the
city commission or an unanimous vote of the quorum that exists because of either abstentions or
vacancies resulting from resignation, death, suspension, or physical incapacitation after a properly
advertised public hearing. When competitive sealed bidding methods are waived, other
procurement methods shall be followed except for the cone of silence provisions, which shall not
be applicable. This section shall not apply to transfers to the United States or any department or
agency thereof, to the state or to any political subdivision or agency thereof.
Sec. 2-33. - Order of business and rules of procedure.
(a) The rules and regulations regarding the procedure of the city commission at all regular
meetings are hereby established and adopted.
(b) The first order of business shall be the approval of the minutes of the previous meeting. A
copy of said minutes shall be distributed to the mayor and each of the commissioners prior to the
meeting to enable the mayor and each commissioner to review the contents thereof.
(c) After approval of the minutes of the previous meeting(s), all business that shall come
before the city commission shall be taken up in the order as such items of business appear on the
city commission agenda in accordance with the following provisions:
(1) The agenda shall be prepared by the city manager in an appropriate form
approved, from time to time, by the city commission. Matters may be placed on the agenda by the
mayor, any member of the city commission, the city manager, the city attorney, the city clerk, and
a city board as defined in section 2-882 of this Code. Notwithstanding subsections 2-33(d) and 2-
33(e) of the City Code, an elected official may place an item on the city commission agenda at any
time up to noon seven business days before the city commission meeting. An elected official who
desires to sponsor or co-sponsor any such matter must submit such a request in writing to the
agenda office or direct his or her chief of staff to do the same.
(2) Any member of the public shall be entitled to speak on any proposition before the
city commission in which the city commission may take any action through the presiding officer.
Unless further time to speak is granted by the presiding officer of the city commission, any person
addressing the commission shall limit his or her address to two minutes. The opportunity to be
heard need not occur at the same meeting at which the city commission takes official action on the
proposition, if the opportunity occurs at a meeting that is during the decision making process and
is within reasonable proximity in time before the meeting at which the city commission takes
official action. This does not prohibit the city commission from maintaining orderly conduct or
proper decorum in a public meeting.
(3) The requirements of subsection (c)(2) shall not apply to:
a. An official act that must be taken to deal with an emergency situation
affecting the public health, welfare, or safety, if compliance with the above requirements
would cause an unreasonable delay in the ability of the city commission to act; or
b. A ministerial act, including but not limited to, approval of minutes and
ceremonial proclamations.
(4) Any member of the public shall be entitled to be scheduled on the agenda of a
regular meeting of the city commission for presentation of information and material to be
considered by the commission within the scope of the jurisdiction of the city commission after the
city manager has communicated with the member of the public and reviewed or investigated the
member's issue, unless otherwise directed by the mayor or a member of the city commission. If
the city manager is able to resolve or remedy the concerns of the member of the public, the
member of the public may elect to withdraw the request to appear before the city commission. If
the matter is not or cannot be resolved or remedied by the city manager, then, at the will of the
member of the public, the request for appearance shall be scheduled on the next available agenda
and the city manager shall submit a report in the agenda packet detailing actions taken to resolve
or remedy the matter and administrative recommendations.
(5) The total number of items that may be scheduled on a regular city commission
agenda shall not exceed 60 items. All matters on the consent agenda shall count as one item.
(6) The lunch recess shall begin:
a. At 12:00 noon;
b. At the conclusion of deliberations of the agenda item being considered at
12:00 noon;
C. At the conclusion of statements made by the person who has been
recognized to address the commission immediately prior to 12:00 noon; or
d. At any time deemed appropriate by the city commission.
(7) The city commission meetings, shall adjourn:
a. At the conclusion of deliberation of the agenda item being considered at
10:00 p.m., unless the time is extended by unanimous agreement of the members of the
city commission then present, or
b. At the conclusion of the regularly scheduled agenda, whichever occurs first.
This rule does not apply to city commission meetings required for annual budget hearings.
(8) Any vote of the city commission pertaining to the establishment of a rescue
mission, the continuation of a rescue mission, or action relating to a rescue mission in the city that
arises pursuant to the zoning ordinance or comprehensive plan requires the concurrence of four
affirmative votes.
(9) The city commission may, when it deems necessary, create
legislative pilot programs for a limited period of time not to exceed one year regulating any area
within the city commission's powers set forth in Section 4 of the City Charter. Any
such pilot program may be reinstated for one additional year.
(d) A copy of requests, petitions, and applications shall be placed before the mayor and each
member of the city commission, supported by administrative memoranda and such information as
may be necessary to enable the city commission to reach a decision. All such requests, petitions,
and applications, except in cases of extreme emergency, shall be in the hands of the city manager
for a period of at least 21 days prior to a regular meeting, to enable the administration to prepare
necessary memoranda, data, or reports.
(e) All resolutions and ordinances except land use changes, zoning changes, board and
committee appointments, and election results shall be reviewed by the office of management and
budget for any fiscal impact prior to placement on any agenda.
(f) A copy of each agenda item including each resolution and ordinance and all attachments
and back-up material shall be furnished to the mayor and members of the city commission at least
five full business days before each regular city commission meeting with the exception of veto
items. This rule shall be deemed suspended unless invoked by a commissioner before the
commission takes action on the resolution or ordinance in question. Once the rule is invoked, no
action can be taken on the resolution or ordinance unless the rule is suspended by majority vote of
the commissioners present. Nonscheduled ("pocket") items may be introduced for consideration at
a city commission meeting by the mayor, a commissioner, the city manager, or the city attorney
provided that the city commission by a majority vote deems such resolution or ordinance to be of
an emergency nature.
(g) Consistent with the time frame requirements set forth in subsection (e) above, the following
shall be posted on the internet:
(1) The city commission agenda simultaneous with its distribution;
(2) The supplemental agenda and any information related to the upcoming agenda
simultaneous with its distribution; and
(3) The city clerk's report and annotations to the agenda immediately after its release
by the city clerk subsequent to the city commission meeting to which it applies.
(h) All notices of all intentions to ask questions, together with a copy of such questions, shall
be given to the city manager five days before each regular meeting. In all questions of policy
presented to the city commission by the mayor, the city manager, or any departmental head,
notice thereof, together with a copy of questions supported by memorandum setting forth the rules
of action by the city commission, shall be filed three days before the meeting and given to the
mayor and each member of the city commission.
(i) All ordinances shall be read by title only prior to passage by the city attorney. All
resolutions shall be briefly described upon a printed agenda.
Q) The agenda portion entitled "consent agenda" shall be scheduled among the initial items
for city commission consideration. Consent agenda items that are removed from the agenda prior
to city commission consideration shall automatically be scheduled as a regular agenda item at the
next regularly scheduled meeting of the city commission, unless, by an unanimous vote of all
commissioners present, the city commission considers such consent item as a regular item at the
same meeting.
(k) Any scheduled agenda item not considered prior to the adjournment of a city commission
meeting shall be perfunctorily regarded as a deferred item and scheduled on the next regular city
commission agenda.
(1) Nothing in this section shall prohibit either the mayor, the commissioner designated as the
presiding officer of the city commission, or three city commissioners from calling special meetings
at any time provided that written notice of the request for a special meeting is delivered to the city
clerk at least 72 hours in advance. The city clerk shall then notify the mayor, each member of the
commission, the city manager, the city attorney, and the public of the special meeting including the
business to be considered at the special meeting. No business shall be conducted or a vote taken
at a special city commission meeting on business other than the subject(s) for which the special
meeting is called.
(m) Any commissioner who so desires may be a signatory on city proclamations. Any such
proclamations or other protocol items may be presented at a city commission meeting or, in the
discretion of the presiding officer, may be presented prior to the commencement of any city
commission meeting. Nothing herein shall prevent a proclamation from being presented at a non -
city commission meeting.
(n) If the engagement of an executive director, regardless of title, of any board as defined
in section 2-882 of this chapter, is required to be approved, ratified, or confirmed by the city
commission, prior to such approval, ratification, or confirmation, the individual proposed to be
engaged by a board shall make every reasonable attempt to meet with each member of the city
commission.
(Code 1967, § 2-9; Ord. No. 8857, § 1, 9-28-78; Ord. No. 11114, § 1, 1-13-94; Ord. No. 11120, §
1, 2-17-94; Code 1980, § 2-13; Ord. No. 11293, § 2(2-13), 9-14-95; Ord. No. 11532, § 2, 7-24-97;
Ord. No. 11564, § 4, 10-28-97; Ord. No. 11642, § 2, 4-14-98; Ord. No. 11654, § 2, 5-12-98; Ord.
No. 11723, § 1, 11-17-98; Ord. No. 11724, § 1, 11-17-98; Ord. No. 11786, § 1, 4-27-99; Ord. No.
11865, § 2, 11-14-99; Ord. No. 11942, § 1, 7-20-00; Ord. No. 12074, § 2, 5-24-01; Ord. No. 12134,
§ 1, 10-11-01; Ord. No. 12310, § 1, 12-12-02; Ord. No. 12352, § 1, 4-10-03; Ord. No. 12409, § 1,
9-25-03; Ord. No. 12498, § 1, 2-26-04; Ord. No. 12586, § 1, 9-9-04; Ord. No. 13182, § 1, 6-10-10;
Ord. No. 13438, § 2, 3-13-14; Ord. No. 13768, § 2, 6-14-18; Ord. No. 13769, § 2, 6-28-18; Ord.
No. 13832, § 2, 3-28-19; Ord. No. 13883, § 2, 12-12-19; Ord. No. 13894, § 2, 2-13-20; Ord. No.
13897, § 2, 3-12-20)