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<br />,- <br /> <br />ORDINANCE NO. 2008-3!l~ <br /> <br />AN ORDINANCE OF THE CITY COMMISSION OF THE CITY <br />OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION <br />62-7, 62-8 AND 62-15 OF THE CITY CODE RELATING TO <br />CONTRACT AWARD AND PROTEST PROCEDURES; <br />PROVIDING FOR REPEALER; PROVIDING FOR <br />SEVERABILITY; PROVIDING FOR INCLUSION IN THE <br />CODE; PROVIDING FOR AN EFFECTIVE DATE. <br /> <br />WHEREAS, the City Commission has the authority to amend its code provIsIons <br />pursuant to Section C-4.3 of the City Charter; and <br /> <br />WHEREAS, the City Commission wishes to amend Sections 62-7, 62-8 and 62-15 of the <br />City Code addressing issues related to contract award and bid protest procedure; and <br /> <br />WHEREAS, the City Commission wishes to reaffirm its intent that price is only a factor <br />in selecting the lowest responsible and responsive bidder, and that a bid may be awarded to a <br />bidder whose bid is not the lowest dollars and cents bid, if the award is based on the criteria set <br />forth in Section 62-8 of the City Code. <br /> <br />NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE <br />CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: <br /> <br />Section I. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified <br />and confirmed as being true and correct and are hereby made a specific part by this Ordinance <br />upon adoption hereof. <br /> <br />Section 2. <br />as follows: <br /> <br />Amendment. Sections 62-7, 62-8 and 62-15 of the City Code are amended to read <br /> <br />~ 62-7. Competitive bidding procedure. <br /> <br />A. Purchases under $25,000. <br /> <br />(4) Bids shall be awarded to the lowest, most rcsponsi'.'e, responsible and responsive <br />bidder, whose bid best serves the interests of and represents the best value to the City. in <br />conformity with the criteria set forth in Section 62-8 of the City Code. as determined by the City <br />Commission and/or the City Manager as the case may be, subject to the right of the City to reject <br />any and all bids, to waive any irregularity in the bids or bidding procedures and subject also to <br />the right of the City to award bids and contracts to bidders other than the low bidder. Price is <br />only a factor in determining the lowest responsible and responsive bidder. Until a formal <br />contract is executed, the City reserves the right to reject all bids. For purposes of this section. the <br />term lowest responsible and responsive bidder is not the bidder with the lowest dollars and cents <br />bid. The City Manager or the City Commission may select a bidder whose bid is not the lowest <br /> <br />Words addcd undcrlincd, words stfivMm dclctcd (cd) <br /> <br />Pagc I of 3 <br />