Ord. No. 11-09-2003 reso onlyORDINANCE NO. 11-09-2003
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AMENDING ADOPTED
ORDINANCE 54 -08 -1989, WHICH ORDINANCE AUTHORIZED THE
CITY MANAGER TO PURCHASE A STREET SWEEPER, ONE FORD F-
250, ONE SIDE LOADER, ONE DUMP TRUCK AND FOUR (4) CROWN
VICTORIA CARS FOR A TOTAL AMOUNT OF $541,911.00 AND
ACCEPTING THE INTEREST RATE OF 4.25% FOR A FIVE -YEAR
FINANCING TERM THROUGH FIRST NATIONAL BANK OF SOUTH
MIAMI, WITH FIVE ANNUAL PAYMENTS IN THE AMOUNT OF $
118,154.00 AND CHARGING THE PUBLIC WORKS ACCOUNT
NUMBERS 001- 1720 -534 -4455, 001 - 1730 -541 -4455, STORM WATER
DRAIN TRUST FUND ACCOUNT NUMBER 111- 1730 -541 -4455 AND
POLICE DEPARTMENT ACCOUNT NUMBER 001 - 1910 -521 -4450
VEHICLE -TRUCK LEASE PURCHASE ACCOUNT NAMES; DURING
THE ADOPTION OF THE INITIAL ORDINANCE THE STREET SWEEPER
WAS TO HAVE BEEN PURCHASED VIA PIGGY -BACK
PROCUREMENT, BUT, WAS ACTUALLY THE SUBJECT OF A THREE
BID QUOTE PROCESS, WITH THE MOST COMPETITIVE PRICE USED;
PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND
AN EFFECTIVE DATE.
WHEREAS, the 2008 -2009 Approved Budget reflects the allocation of funds for the
purchase and financing of the proposed vehicles and trucks; and,
WHEREAS, In accordance with competitive bidding procedures, banks were
contacted with only three responding, Ford Motor Company, First National Bank of South
Miami and Sun Trust Bank; and,
WHEREAS, First National Bank of South Miami has provided the lowest rate and
has agreed to finance the trucks and vehicles at 4.25 % interest rate for five years; and,
WHEREAS, when Ordinance 54 -08 -1989 was adopted on December 2, 2008, the
Ordinance was drafted to reflect that the vehicles purchase would be accomplished by
"piggybacking" on current municipal and State of Florida Bids in accordance with
purchasing procedures as outlined in the City Charter; and,
WHEREAS, in subsequent review of the documents, staff confirmed that the
purchase of the street sweeper was not via piggybacking, but rather, was procured through
the use of at least three competitive quotes; and,
WHEREAS, as the process for procurement was materially different than what was
disclosed during the hearing before the City Commission, the City Manager, the City
Attorney, and the City Finance Department deemed it appropriate to bring the item back to
the City Commission to correct the material information and provide proper disclosure; and,
WHEREAS, the purchases of vehicles, other than the street sweeper, has been
accomplished, as the purchases complied with the terms and conditions of the procurement
process of the City of South Miami; and,
WHEREAS, to ensure compliance with the City's Procurement Processes, and as the
procurement of the Street Sweeper was not in compliance with Ordinance 54 -08 -1989, the
City is requesting to amend the Ordinance, authorizing the procurement to properly reflect
the procurement process utilized for the purchase of a street sweeper; and,
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Ord, No, 11 -09 -2003
WHEREAS, the Mayor and City Commission desire to amend Ordinance 54 -08-
1989, to correctly reflect that procurement was not accomplished via a piggyback
procurement process, but, rather through receiving at least three competitive quotes,
documentation of which is attached to the purchase request.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1. Ordinance 54 -08 -1989 is here amended, to accurately reflect the proper
procurement process used b staff, and as there is no further material deviation in
procurement, that the City Manager is once again authorized to purchase and execute a
contract provided that there are no material changes to the details of the contract as
described' in this ordinance. The remaining vehicles identified in Ordinance 54 -08 -1989
were properly procured and the purchases have proceeded as directed. The remaining
purchase outstanding for the street sweeper shall proceed now that the suprequired porting
procurement documents properly reflect the procurement process used, as by the
City's Procurement Procedures.
Section 2. That the funding will be provided through the Public Works
Department�rm Water Trust Fund and Police Department lease purchase account
numbers as follows for the current fiscal year and will be included in future fiscal years
budgets for the lease term of five years:
1
Street Sweeper
$ 25,167.00
account # 111 - 1730 -541 -4455 Account Balance $ 25,200.
1
Ford F -250
$ 5,819.00
account # 001- 1730 -541 -4455 Account Balance $ 22,095.
1
Side Loader
& Dump Truck
$ 65,982.00
account # 001 - 1720 -534 -4455 Account Balance $240,152.
4
Crown Victoria's
$ 21,186.00
account # 001 - 1910 -521 -4450 Account Balance $146,552.
Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason held
invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect
the validity of the remaining portions of this ordinance.
Section 4. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are repealed.
Section 5. This ordinance shall take effect immediately upon enactment.
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Ord. no. 11 -09 -2003
PASSED AND ADOPTED this21 sigay of July
ATTEST:
TY CLE
READ ANA.ARPRZO ED AS TO FORM:
Luis RLuis R�,
Off�of City Attorney
2009.
APPROVED:
MAY "6/
I" Re2 °d Re
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Palmer:
Commissioner Newman
Commissioner Sellars:
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5 -0
Yea
Yea
Yea
Yea
Yea